The above-captioned case was scheduled for hearing on March 16, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Jasparro, Dias and Walker were present.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshal's Office along with Assistant Deputy State Fire Marshal Jason Simmons of the Watch Hill Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Richard 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 a June 27, 2007 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the Watch Hill Fire Marshal's Office and the State Fire Marshals Office during the March 16, 2010 hearing on this matter.  The Board also had before it a March 11, 2010 letter compiled by the Applicant's representative advising it as to the current status of this facility.  Accordingly, the Board hereby incorporates the March 11, 2010 letter of the Applicant's representative along with the June 27, 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, 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 
	1-22.  The Applicant's representative has advised the Board that the Applicant is working closely with the Watch Hill Fire Marshal and the State Fire Marshal's Office in addressing their immediate concerns.  In light of the cooperation demonstrated by the parties, the Board hereby grants the Applicant a time variance until October 1, 2010 in which to operate this facility pursuant to a comprehensive plan developed and implemented by the Applicant with the approval of the State and Watch Hill Fire Marshal's office.  As a condition of this time variance, the Board further directs the Applicant to test and certify the operation of the fire alarm system of this facility prior to re-occupancy.  The Board further directs the Applicant to provide floor plans for the occupied space and to further ensure that the businesses are properly licensed and maintain approved fire extinguishers, emergency lights and exit signs to the satisfaction of the Watch Hill Fire Marshal's office.  Finally, the Board notes that at the end of the 2010 season, the Applicant shall bring the remainder of this facility into compliance at the direction and to the satisfaction of the State and Watch Hill Fire Marshal's office prior to re-occupancy for the following season as outlined in Attorney Thomsen's March 11, 2010 correspondence.

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)].