The above-captioned case was scheduled for hearing on September 16, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Blackburn, Richard, Preiss, Jasparro, walker, Pearson, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Norman Mainville of the Harrisville Fire District Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Jackson 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 May 6, 2005 inspection report compiled by the Harrisville Fire District Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Harrisville Fire District Fire Marshals Office during the September 16, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the May 6, 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, 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 an approved local fire alarm system installed at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office.
	2.  The Board hereby grants a variance from the provisions of Life Safety Code sections 37.2.2.3.1 and 7.2.2.3.6.1 in order to allow the Applicant to maintain the existing limited variations of the tread and risers within the front stairs of this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Harrisville Fire District Fire Marshal's Office has no objection.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with an approved street number to be displayed on the front of the building at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office within sixty (60) days of the date of this decision.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing this facility with an approved key access box.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by providing this facility with approved exterior lighting, installed at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office, within sixty (60) days of the date of this decision.
	6.  It is the understanding of the Board that deficiency 6 is not an issue and accordingly is moot.
	7.  The Board hereby grants a variance from the provisions of section 37.2.1.1 in order to allow the Applicant not to provide the cited three-step stairway with handrails on each side of the stairs.  The Board hereby directs the Applicant to provide the cited stairs with an approved single handrail installed at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office within sixty (60) days of the date of this decision.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing this facility with an approved fire extinguisher in the kitchen pantry area, at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office.
	9-10.  During the September 16, 2008 hearing on this matter, the Board directed the Applicant to provide fire extinguishers, as outlined in items 9 and 10, at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office within fifteen (15) days.
	11.  The Board hereby directs the Applicant to correct deficiency 11, to the best of their ability, to the satisfaction of the Harrisville Fire District Fire Marshal's Office, within sixty (60) days of the date of this decision.
	12.  The Board hereby grants a variance from the provisions of sections 37.2.1.1, 7.2.2.4.1.1 and 7.2.2.4.4.1 in order to allow the Applicant to maintain the cited ramp in the rear of the building without railings in light of the fact that there is no drop on either side of the ramp and that the ramp had been installed pursuant to a planned ADA compliance.
	13.  The Board hereby grants a variance in order to allow the Applicant to maintain the sealed bulkhead in the basement of this facility without a sign reading No Exit in light of the fact that there is no public usage of the basement.  

Note:  During the September 16, 2008 hearing on this matter, the Board specifically granted the Harrisville Fire District Fire Marshal the authority to extend the above sixty-day timelines upon being satisfied that the Applicant was making good faith efforts in which to bring this facility into full compliance with the code.

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)].