The above-captioned case was scheduled for hearing on November 3, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Jasparro, Preiss, Blackburn and Richard were present.  The fire service was represented by Chief of Inspections Scott Caron and Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Dias and Vice Chairman Newbrook 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 August 5, 2008 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 November 3, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the August 5, 2008 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing the State Fire Marshal's office with the requested documentation.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days in which to submit its plan of action for the correction of deficiency 2 to the State Fire Marshal's office and an additional 120 days in which to correct this deficiency.  The Board hereby allows the Applicant to correct this deficiency by extending the sprinkler heads into the cited space in order to provide complete coverage.  Finally, the Board notes that the State Fire Marshal's office may extend either of the above deadlines for good faith efforts being shown by the Applicant.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing the cited smoke detector in the elevator room.
	4.  The Board hereby reaffirms its original variance in order to allow the elevator machine room and elevator hoistway not to be provided with additional sprinkler coverage.  In granting this variance, it is the understanding of the Board that the State Fire Marshal's office has no objection to allowing these areas to remain as is.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by properly maintaining the exit signage within 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)].