The above-captioned case was scheduled for hearing on January 13, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Pearson, Walker, Jasparro, Preiss and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshals Wayne Clark and Kevin Garcia of the Newport Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Vice Chairman Newbrook and 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 an October 15, 2007 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the January 13, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the October 15, 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 by providing this facility with the appropriate fire extinguishers.
	2.  During the January 13, 2009 hearing on this matter, the Applicant advised the Board that it was physically impossible for the Applicant to locate the dumpster not less than ten (10) feet from the structure due to set backs.  Accordingly, the Board hereby grants a variance from the provisions of section 19.2.1.4 in order to allow the Newport Fire Marshal's office the ability to approve the placement of this dumpster at less than ten feet pursuant to a plan of action developed with the Applicant, taking into account the legal restrictions upon the Applicants location of the dumpster on the property.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	4.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct deficiency 4.
	5-8.  It is the understanding of the Board that the Applicant has corrected deficiencies 5, 6, 7 and 8 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	9.  During the January 13, 2009 hearing on this matter, the Board was advised that the Applicant had removed the cited storage.  The Board hereby grants the Applicant a variance in order to maintain the location of the electrical panels in this facility.  In granting this relief, it is the understanding of the Board that the Newport Fire Marshal had no objection.
10.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct deficiency 10 at the direction and to the satisfaction of the Newport Fire Marshal's office by providing the cited emergency lighting.
11.  The Board hereby grants a time variance of thirty (30) days from the date of this decision in order to allow the Applicant to correct deficiency 11 by providing this facility with approved exit signage at the direction and to the satisfaction of the Newport Fire Marshal's office.
12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 at the direction and to the satisfaction of the Newport Fire Marshal's office.
13-19.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to allow the Applicant to correct all non fire-alarm issues as outlined in deficiencies 13 through 19.  With regard to all fire alarm issues within the above items, the Board grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit plans and then an extension of time until June 30, 2009 to perform any required fire alarm upgrades, at the direction and to the satisfaction of the Newport Fire Marshal's office.

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)].