The above-captioned case was scheduled for hearing before a subcommittee of the Board on January 21, 2010 at 9:30 A.M.  At that time, Acting Chairman Jasparro and Commissioners Walker and Dias were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Dias to recommend to the full Board that the Applicant be granted the relief as outlined herein.  The motion was unanimous.
The above recommendations were thereupon presented to the full Board on January 26, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Walker, Jasparro and Preiss were present.  A motion to approve the subcommittee recommendations was made by Vice Chairman Newbrook and seconded by Commissioner Walker.  The motion was unanimous.  Accordingly, the subcommittee determination has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a January 14, 2010 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 January 21, 2010 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the January 14, 2010 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 of thirty (30) days in order to correct deficiency 1 by either providing the State Fire Marshal's office with documentation of the last emergency egress and relocation drills or by actually conducting those drills at the direction and to the satisfaction of the State Fire Marshal's office.
	2.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing dimensional criteria of the rear stairs from the basement of this facility.  Specifically, the stairs are twenty-four (24) inches wide and there is a seventy-two (72) inch height from step to ceiling of the stairs.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the State Fire Marshal's office has no objection in light of the existing conditions.
	3.  The Board hereby grants the Applicant a time variance in order to correct deficiency 3 by providing this facility with an approved local fire alarm system.  Specifically, the Applicant shall have thirty (30) days from the date of this decision in order to submit fire alarm plans to the State Fire Marshal's office or designee.  The Applicant shall further have an additional 120 days in which to implement those plans and install a local fire alarm system within this facility at the direction and to the satisfaction of the State Fire Marshal's office.  Finally, the Board hereby authorizes the State Fire Marshal's office the authority to extend either or both of the above deadlines for good faith efforts being shown by the Applicant.
	4.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited headroom of seventy (70) inches on the main stairway leading to the second floor of this facility.  In granting this relief on the basis of structural hardship, it is the understanding of the Board that the State Fire Marshal's office has no objection.
	5.  The Board hereby grants the Applicant the same time variance as outlined in item 3 above in order to correct deficiency 5 by providing the fire alarm of this facility with an approved key operated fire alarm drill switch. 
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 to the satisfaction of the State Fire Marshal's office.
	7.  The Board hereby grants the Applicant the same time variance as outlined in item 3 above in order to correct deficiency 7 by providing this facility with approved sprinkler protection.
	8.  In light of the Applicants agreement to provide sprinkler coverage throughout this facility as outlined in item 7 above, the Board hereby grants relief in order to allow the Applicant to maintain the existing configuration of the primary egress system from the second level of this facility which passes through the lower un-separated level.

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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).