The above-captioned case was originally scheduled for subcommittee hearing on October 15, 2008 at 10:30 A.M. in the New Shoreham Town Hall complex.  At that time, Acting Chairman Newbrook and Commissioners Dias, Blackburn and Walker were present.  Commissioner Filippi was present, but recused herself from consideration of this and the other cases heard that day.  The fire service was represented by the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Blackburn to recommend to the full Board that the Applicant be granted the relief as outlined herein.  The motion was unanimous.
	The subcommittee recommendations made in the above captioned case were thereupon scheduled for review by the State Fire Board on October 21, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Preiss, Jackson, Walker, Pearson, Dias and Richard were present.  Commissioner Filippi recused herself from consideration of this case.  Upon review of the subcommittee recommendations, a motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook to approve the subcommittee recommendations and 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 October 3, 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 October 15, 2008 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the October 3, 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.  

CONCLUSIONS AND VARIANCE REQUESTS 
Retail D (The Seaside Market)
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2.
	3.  The Board hereby directs the Applicant to correct deficiency 3 at the direction and to the satisfaction of the State Fire Marshal's office by providing the fire alarm system in this facility with a proper inspection at the direction and to the satisfaction of the State Fire Marshal's office.
	3. (second item 3)  It is the understanding of the Board that the Applicant has corrected the deficiency identified a second time as item 3 by providing a twenty-four hour emergency contact number for the fire alarm company.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by having the sprinkler system of this facility inspected.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing an approved sprinkler wrench in the spare sprinkler cabinet.
Retail E (The Sandpiper)
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 of the Retail E portion of this report by relocating the cited fire extinguisher.
Retail A (Block Island Sports Shop)
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 of the Retail A portion of the report by removing the cited shoe boxes.
The Upstairs
	1.  The Board hereby reinstates the original variance granted to the Applicant in order to allow the existing fire escape to remain on the third floor of this facility.  In granting this relief, it is the understanding of the Board that the State Fire Marshal's office has no objection.

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 above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5, if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request, to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, One Regan Court, Cranston, RI  02920.