The above-captioned case was scheduled for hearing on January 15, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Walker, Jackson, Jasparro and Richard were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Chief of Inspections Scott Caron and Deputy State Fire Marshals Kaitlyn Foley and Christopher Moore of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the January 15, 2013 hearing on this matter, the Board had before it a February 21, 2012 inspection report (11-1216-IS), compiled by the State Fire Marshals Office.  The Board also had before it a November 27, 2012 plan of action developed by the Applicant on behalf of the University of Rhode Island.  Accordingly, the Board hereby incorporates the February 21, 2012 inspection report along with the November 27, 2012 plan of action 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1-8.  (11-2271-VN, 11-2272-VN, 11-2273-VN, 11-2281-VN, 11-2304-VN, 11-2329-VN, 11-2356-VN and 11-2267-VN).  During the January 15, 2013 hearing on this matter, the Board was advised and finds that this facility is generally occupied during the springtime through the fall and that there is no municipal water supply.  The Board was further advised that the Applicant plans to create a pump house and secure a water supply from a nearby lake in order to install approved sprinkler coverage throughout this facility.  The Board notes that the Applicant is now requesting an additional time variance in order to complete the above project along with addressing all of the other fire safety issues within this facility on or before April 30, 2014.
	During the hearing, the State Fire Marshals Office advised the Board of its concern with the requested time extension.  The State Fire Marshals Office notes that simple items such as door closers and maintenance of the fire escape ladder of this facility should have been addressed by the Applicant prior to this hearing.
	After due consideration of the position of both parties, the Board hereby grants the Applicants requested variances as outlined on the November 27, 2012 plan of action with the following conditions.  The Board directs the Applicant to address the routine maintenance issues noted by the State Fire Marshals Office such as the installation of door closers, the elimination of a bush at the base of a fire escape ladder and the securing or replacement of that ladder, at the direction and to the satisfaction of the State Fire Marshals Office, within sixty (60) days of the date of this decision.  The Board further directs the Applicant to provide the State Fire Marshals Office with an update of the progress being made in this facility every six (6) months until the April 30, 2014 deadline is met.  The Board notes that no further time extensions shall be granted unless they are recommended by the State Fire Marshals Office pursuant to good faith efforts being demonstrated by the Applicant.

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)].