The above-captioned case was scheduled for hearing on January 22, 2009 at 9:00 A.M.  At that time, a subcommittee of the Board consisting of Acting Chairman Newbrook and Commissioner Dias reviewed the testimony and documentation and voted to recommend the plan of action outlined below.  The subcommittee recommendations were reviewed by the full Board on January 27, 2009.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Pearson, Filippi and Dias were present.  The fire service was originally represented at the January 22, 2009 subcommittee hearing by Deputy State Fire Marshal James Moore of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Filippi to approve the subcommittee recommendations and 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 February 14, 2006 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 January 22, 2009 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the February 14, 2006 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.  The Board hereby directs the Applicant to correct deficiency 1 by repairing the numerous open and exposed lighting units throughout this facility, at the direction, to the satisfaction and within a timetable established by the State Fire Marshal's office.
	2-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3, 4, 5 and 6.
	7(1).  It is the understanding of the Board that the Applicant has corrected deficiency 7(1).  The Board hereby directs the Applicant to correct the remaining deficiencies outlined in item 7, at the direction, to the satisfaction and within a timetable established by the State Fire Marshal's office.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8.
	9.  The Board hereby grants a variance from the provisions of section 29.2 and 7.2.1 in order to allow the Applicant to maintain the existing cited headroom restrictions.  This variance is granted on the basis of structural hardship.
	10.  The Board hereby grants a variance from the provisions of section 29.2 and 7.2.2 in order to allow the Applicant to maintain the existing stairway dimensions throughout this facility as cited in item 10.  This variance is also based on structural hardship.
	11.  The Board notes that there is no item 11.
	12.  The Board hereby directs the Applicant to correct deficiency 12 by repairing the cited boiler room penetrations at the direction, to the satisfaction and within a timetable established by that office.
	13.  It is the understanding of the Board that deficiency 13 is moot.
	14-15.  It is the understanding of the Board that the Applicant has corrected deficiencies 14 and 15 at the direction and to the satisfaction of the State Fire Marshal's office.
	16.  The Board hereby directs the Applicant to correct deficiency 16 at the direction, to the satisfaction and within a timetable established by 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 above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5, if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request, to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, One Regan Court, Cranston, RI  02920.