The above-captioned case was scheduled for hearing on June 17, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Preiss, Filippi, Jasparro, Jackson, Richard, Blackburn and Walker were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Carlo Jackvone of the Johnston Fire Marshal's Office.  A motion was made by Commissioner Walker and seconded by Commissioners Richard and Jasparro 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 June 7, 2007 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the State Fire Marshal's Office and the Johnston Fire Marshals Office during the June 17, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the June 7, 2007 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.  During the June 17, 2008 hearing on this matter, the Board was advised that the day care portion of this facility was not properly separated where the canopy met the front of the building and where the day care shared a common wall with the rug store.  Accordingly, the Board hereby grants a variance to allow the Applicant to correct this deficiency as outlined herein as opposed to creating a full one-hour assembly for these areas.  Specifically, in those areas where the current separation is maintained by sheetrock walls, the Applicant shall simply be required to seal the penetrations in the sheetrock walls at the direction and to the satisfaction and within a timetable established by the State Fire Marshal's office.  In those areas where there is no separation or the separation is of wood construction, the Applicant is directed to provide a smoke tight sheetrock separation at the direction and to the satisfaction and within a timetable established by the State Fire Marshal's office.
	2.  The Board directs the Applicant to correct deficiency 2 by properly sealing the cited penetrations at the roof level of the walls located in the rug store, at the direction, to the satisfaction and within a timetable established by the State Fire Marshal's office.
	3-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 3, 4, 5 and 6 at the direction and to the satisfaction of the State Fire Marshal's office.
	7-8.  The Board hereby directs the Applicant to correct deficiencies 7 and 8 prior to the re-occupancy of the area formerly occupied by Annas Polish Deli.
	9-10.  It is the understanding of the Board that the Applicant has corrected deficiencies 9 and 10 at the direction and to the satisfaction of the State Fire Marshal's office.
	11.  The Board hereby grants a variance in order to allow the Applicant to reduce the total occupancy of the Coda Lounge area to 149 people by eliminating approximately 135 square feet of space in this area.  The Board notes that once the cited space is eliminated for public use, the Applicant shall no longer be required to provide the lounge area with a municipally connected fire alarm system. 
	12-17.  It is the understanding of the Board that the Applicant has corrected deficiencies 12, 13, 14, 15, 16 and 17 to the satisfaction of the State Fire Marshal's office.
	18.  The Board hereby directs the Applicant to correct deficiency 18, at the direction, to the satisfaction and within a timetable established by the State Fire Marshal's office.
	19-25.  It is the understanding of the Board that the Applicant has corrected deficiencies 19, 20, 21, 22, 23, 24 and 25 at the direction and to the satisfaction of the State Fire Marshal's office.
	26.  The Board notes that a municipally connected fire alarm system is mandated in all day care occupancies.  In light of the fact that the day care in this facility is not currently separated from the other occupancies by two-hour construction, it is the understanding of the Board that the municipal fire alarm coverage must be extended to the remaining occupancies.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to design and submit plans for the upgrade of the fire alarm system to provide for municipal coverage throughout this complex.  The Board further grants the Applicant a time variance of 120 days after plan review approval in which to install a municipally connected system throughout this complex.  The Board hereby grants the Johnston Fire Marshal's office the authority to extend the above deadline for good faith efforts being shown by the Applicant.
	27.  It is the understanding of the Board that the Applicant has corrected deficiency 27 to the satisfaction of the State Fire Marshal's office.

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)].