The above-captioned cases were scheduled for hearing on November 29, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairman Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester, Jasparro, Walker and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Fire Chief Gerald Bessette of the Barrington Fire Marshals Office and Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  An initial motion was made by Commissioner Jasparro and seconded by Commissioner Dias to grant the Applicant a time variance to address all of the deficiencies with the exception of the sprinkler-related deficiencies.  This motion was unanimous.  The second motion was made by Commissioner Sylvester and seconded by Commissioner Walker to specifically address the sprinkler-related issues as outlined herein.  This motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
The numbers of the Decision below correspond in sequence with two (2) inspection reports covering this complex and compiled by the State Fire Marshals Office.  Specifically, inspection report 11-206-IS contained fifteen (15) items and generally covered this facility.  The second inspection report, 11-320-IS contained five (5) additional items and covered the boat storage building specifically.  The Board further had before it a November 28, 2011 plan of action proposal by the Applicant addressing the initial report (11-206-IS).  A plan of action, addressing the second report (11-320-IS) was developed during the November 29, 2011 hearing.  Accordingly, the Board hereby incorporates the two inspection reports, 11-206-IS and 11-320-IS, along with the Applicants November 28, 2011 plan of action as its initial findings of fact.  
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 
Issues addressed in the State Fire Marshals report 11-206-IS
	1.  (11-753-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop a plan of action for the correction of deficiency 1 for submission and approval to the State Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action and install the cited fire extinguishers and boxes within this facility.
	2.  (11-777-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 2 by providing this facility with emergency lighting at the direction and to the satisfaction of the State Fire Marshals Office.
	3.  (11-760-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to allow the Applicant to correct deficiency 3 by removing the cited cross bar and re-swinging the cited egress doors at the direction and to the satisfaction of the State Fire Marshals Office.
	4.  (11-754-VN).  The Board hereby accepts the Applicants alternative proposal for the correction of deficiency 4 as presented, in conjunction with any additional safeguards deemed necessary by the State Fire Marshals Office.  Specifically, this plan should further address any unique hazards to the satisfaction of the State Fire Marshals Office pursuant to a comprehensive performance based plan review.  The Board notes that the State Fire Marshals Office should further strive to apply the additional safeguards as uniformly as possible throughout the marine trade industry and should further endeavor to provide the owners of this facility with the same time considerations previously granted to other facilities to the Board.  In granting this relief, the Board notes the objection of the Barrington Fire Marshals Office.
	5.  (11-768-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop a plan of action for approval by the State Fire Marshals Office for the correction of deficiency 5.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.
	6.  (11-7622-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain a single means of egress from the mezzanine level of this facility.  
	7.  (11-775-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 7 at the direction and to the satisfaction of the State Fire Marshals Office.
	8.  (11-756-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision to develop and submit a plan of action for the correction of deficiency 8.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office.
	9.  (11-764-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop an alternative plan of action, acceptable to both the State and Barrington Fire Marshals Office, which would allow approved access to the firefighting apparatus and personnel.  The Board further grants the Applicant an additional 150 days in which to implement this plan of action, at the direction and to the satisfaction of the State and Barrington Fire Marshals Offices.
	10.  (11-765-VN).  During the November 29, 2011 hearing on this matter, the Board was advised that the facility classified as a machine shop appeared to be more of a repair facility which would not generate significant amounts of metal shavings or other combustibles.  Accordingly, the Board hereby grants a variance in order to allow limited separation of this facility, at the direction and to the satisfaction of the State Fire Marshals Office in accordance with the timelines outlined in item 1 above.
	11.  (11-757-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to develop a plan of action with the State Fire Marshal and the local AHJ to address the transitional periods between seasons when there is a certain amount of overlap regarding access to vessels berthed at the docks.
	12.  (11-769-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 12 at the direction and to the satisfaction of the State Fire Marshals Office.
	13.  (11-776-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 13 and shall provide the State Fire Marshals Office with approved documentation to certify this correction.
	14.  (11-771-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 14 and then to provide the State Fire Marshals Office with approved documentation.
	15.  (11-755-VN).  The Board hereby directs the Applicant to correct deficiency 15 at the direction, to the satisfaction and within a timetable established by the State Fire Marshals Office in accordance with the plan of action outlined in item 4 above.

Issues addressed in the State Fire Marshals report 11-320-IS
	1.  (11-833-VN).  The Board hereby directs the Applicant to address deficiency 1 at the direction, to the satisfaction and within a timetable established by the State Fire Marshals Office pursuant to the plan of action guidelines outlined in item 4 of the first part of this decision above.
	2.  (11-840-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of deficiency 2.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office.
	3.  (11-839-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 3 by removing the cited portable heater.
	4.  (11-835-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a plan of action for the correction of deficiency 4.  The Board hereby grants the Applicant an additional 150 days in order to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office.
	5.  (11-837-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 of the first part of this decision in order to correct deficiency 5 by providing unobstructed exit lane access for firefighters and occupants or a designated path acceptable to the AHJ under the marina plan.


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)].