The above-captioned case was scheduled for hearing on October 2, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Filippi, OConnell, Jasparro, Jackson, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshals Office.  A motion was made by Commissioner Preiss 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 an August 14, 2007 inspection report compiled by the East Greenwich Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshals Office during the October 2, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the August 14, 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 at the direction and to the satisfaction of the East Greenwich Fire Marshal's office.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 at the direction and to the satisfaction of the East Greenwich Fire Marshal's office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency  3 at the direction and to the satisfaction of the East Greenwich Fire Marshal's office.
	4.  During the October 2, 2007 hearing on this matter, the Applicant requested that a variance granted in 1984 be reinstated by the Board.  As a condition of the variance, the third floor of this facility was ordered to be closed to prevent access.  However, the East Greenwich Fire Marshal has reported that every year she finds the door unlocked allowing access to the third floor.  During the October 2, 2007 hearing, the Applicant advised the Board that the door will remain locked and that the keys are limited.  The Applicant further agreed to provide signage indicating that the door would be locked and provide the East Greenwich Fire Marshal's office with a plan of how it would remain locked.  Accordingly, the Board hereby reinstates the original 1984 variance for this facility, again contingent upon the third floor being closed and locked preventing access.  In the event the Applicant fails to comply with this condition, and the door is either unlocked or found open by the East Greenwich Fire Marshal, the variance shall be void and the Applicant shall be directed to comply with the code provisions.

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)].