The above-captioned case was scheduled for hearing on August 17, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Pearson, Preiss, Jasparro, Jackson, Dias and Walker were present.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner 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 a September 8, 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 August 17, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the September 8, 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.  The Board hereby grants the Applicant a time variance in order to correct the outstanding deficiencies outlined below on or before the seasonal re-opening of this facility in May of 2011.  Accordingly, the Board hereby directs the Applicant to correct deficiency 1 by re-opening the exit door that was originally available from the dining area and thereby providing two (2) approved means of egress at the direction and to the satisfaction of the State Fire Marshals Office.  In addition, the Board directs the Applicant to provide CO detection in the upper units of this facility.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing this facility with approved exit signage.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with approved emergency lighting.
	4.  The Board hereby directs the Applicant to correct deficiency 4 within the above time frame by providing the boiler room of this facility with an approved door maintaining an approximate forty-five (45) minute rating within the existing boiler room door jamb, at the direction and to the satisfaction of the State Fire Marshals Office.
	5.  The Board hereby directs the Applicant to correct deficiency 5 within the above time frame by either treating or replacing the cited paneling within the dining room area at the direction and to the satisfaction of the State Fire Marshals Office.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 with regard to the suppression system of this facility
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by removing the cited extension cords.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by replacing the cited face plates and/or covers.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by properly maintaining the electrical junction boxes of this facility.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by properly securing the portable fire extinguishers within this facility.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by providing an approved placard for the proper use of the portable K extinguisher located in the kitchen of this facility.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 at the direction and to the satisfaction of the State Fire Marshals Office.
	13.  The Board hereby directs the Applicant to correct deficiency 13 by providing the cited oil tank with an approved dike or other containment system installed at the direction and to the satisfaction of the State Fire Marshals Office within the above time frame.
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)].