The above-captioned case was scheduled for hearing on March 14, 2006 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame, Pearson and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn 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 a December 19, 2005 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 March 14, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the December 19, 2005 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 120 days from the date of this decision in order to correct deficiency 1 by providing this facility with an approved sprinkler system installed at the direction and to the satisfaction of the State Fire Marshal's office.  The Board hereby authorizes the State Fire Marshal's office the option of extending the deadline for compliance with the sprinkler system in light of good faith efforts being made by the Applicant to comply.  Finally, it is the understanding of the Board that the Applicant is in the bid process for both the fire alarm and sprinkler system for this facility.
	2.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with an approved fire alarm system.  The Board hereby authorizes the State Fire Marshal's office the option of extending the above deadline for good faith compliance by the Applicant.  Again, it is the understanding of the Board that the Applicant currently has bids out for both the sprinkler and fire alarm coverage within this facility.  
	3.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with approved smoke and carbon monoxide detectors at the direction and to the satisfaction of the State Fire Marshal's office.  Again, the Board shall allow the State Fire Marshal's office to extend this deadline for good faith efforts shown by the Applicant.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by treating the cited paneling, at the direction and to the satisfaction of the State Fire Marshal's office within 120 days of the date of this decision.
	5.  The Board hereby grants a variance from the provisions of section 33.2.2.6 in order to allow the Applicant to maintain the cited winding stairs with the existing cited dimensions.
	6.  The Board hereby grants a variance from the provisions of section 33.2.2.6 in order to allow the Applicant to maintain the existing cited dimensions of the basement stairway within this facility.  This variance is granted on the basis of structural hardship.
	7.  The Board hereby grants a variance from the provisions of section 33.2.2.1 in order to allow the Applicant to maintain access to the fire escape from the third floor storage room through a window.  In granting this variance, the Board notes that there is limited occupancy of this area and that the State Fire Marshal's office has no objection in light of the Applicants agreement to provide this facility with an approved fire alarm and sprinkler system.

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)].