The above-captioned case was originally scheduled for hearing on July 15, 2010 at 1:00 P.M.  At that time, a subcommittee of the Board reviewed this case with the Applicant and the State Fire Marshals Office and a decision was rendered on August 13, 2010.  The Applicant subsequently submitted a timely appeal to the full Board for review of the subcommittee determination.  
Accordingly, the matter was thereupon scheduled for hearing on November 16, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Pearson, Dias, Walker and Filippi were present.  Commissioner Preiss recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the most recent hearing on this matter, the Board had before it a February 19, 2009 inspection report compiled by the State Fire Marshals Office.  The Board further had a plan of action that had been submitted by the Applicants architect, John Patrick Walsh, AIA, and reviewed during the November 16, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the February 19, 2009 inspection report along with the action plan submitted by John Patrick Walsh, AIA as its initial findings of fact in this case.  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 adopts the action plan submitted to it by the Applicants architect, John Patrick Walsh, AIA during the November 16, 2010 hearing on this matter.  In adopting this plan of action, it is the understanding of the Board that the State Fire Marshals Office has no objection to this plan.  The Board further grants the Applicant a time variance of thirty (30) days from the date of this decision in order to provide the cited door corrections and an additional sixty (60) days to address the installation issues outlined in the plan of action.  Finally, the Board hereby authorizes the State Fire Marshals Office to extend either or both of the above timelines for 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)].