The above-captioned case was scheduled for hearing on July 14, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jackson, Jasparro, Walker, Filippi and Dias were present.  The fire service was represented by Deputy State Fire Marshal Christine Kent of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioners Jackson and Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an April 6, 2007 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the July 14, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the April 6, 2007 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1-7.  During the July 14, 2009 hearing on this matter, the Applicant advised the Board that deficiencies 1, 2, 3, 4, 5, 6 and 7 had been corrected.  The Deputy State Fire Marshal advised the Board that she had not verified the corrections but that they would be verified by her office.  In the event that any additional issues involving items 1 through 7 are cited by the State Fire Marshal's office during the course of the compliance inspection, the Board hereby grants the Applicant a time variance of thirty (30) days from the issuance of the compliance inspection to develop a plan of action to correct any remaining deficiencies.  The Board further grants the Applicant an additional 120 days to implement that plan of action.
	8.  The Board hereby grants the Applicant a time variance of thirty (30) days from the July 14, 2009 hearing date in which to develop a plan for the correction of deficiency 8 by replacing the cited door with an approved rated door, installed at the direction and to the satisfaction of the State Fire Marshal's office in accordance with the provisions of section 8.7.1.3.  The Board further grants the Applicant an additional 120 days in order to implement the above plan of action.
	9.  The Board hereby grants a variance from the provisions of section 39.2.4.1 and its referenced standards in order to allow the Applicant to maintain the existing bulkhead from the not normally occupied basement of this facility as a second means of emergency egress.  In granting this relief, it is the understanding of the Board that the State Fire Marshal's office has no objection.
	10.  The Board hereby grants a variance from the provisions of sections 39.3.2.1 and 8.7.1.1 in order to allow the Applicant to maintain the existing enclosure of the cited forced hot air furnace located in the two-bay garage area.  As a condition of this variance, the Board directs the Applicant to provide the State Fire Marshal's office with documentation that the cited forced hot air furnace was installed in accordance with manufacturers specifications and with proper clearances.  This information could either be confirmed by the mechanical inspector or an engineer or a similarly qualified individual acceptable to the State Fire Marshal's office.
	11.  The Board hereby grants a variance from the provisions of section 39.5.1 and its referenced standards in order to allow the Applicant to maintain the door leading into the cited propane-fired generator room from the two-bay garage.  In granting this relief, the Board is relying on the recollection of the fire chief that the cited door was originally a 1 hour rated door when it was installed.  However, there is no label at this point to verify the claim.  In granting this relief, the Board accepts the recollection of the fire chief and notes the objection of the State Fire Marshal's office.
	12.  It is the understanding of the Board that the Applicant has corrected the last cited deficiency by providing an approved portable fire extinguisher available for use in the kitchen space of this facility.

STATUS OF DECISION AND APPEAL RIGHTS
	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  (See: Board Rules and Regulations, section 6-2-17).
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  
Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].