The above-captioned case was scheduled for hearing on May 16, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Burlingame, Pearson, Newbrook and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.  A motion to deny the Applicants requested relief was made by Commissioner Pearson and seconded by Commissioner Burlingame.  The motion was unanimous.
FINDINGS OF FACT
	During the May 16, 2006 hearing on this matter, the Board had before it both the September 2, 2005 inspection report of the North Kingstown Fire Marshal's office along with a May 16, 2006 response to that report by the Applicants construction expert (Wes Morey Builders).  Accordingly, the Board hereby incorporates the facts outlined in both the report and the response as its initial findings of fact in this case.  In addition, the Board notes that the Applicant is requesting relief from the provisions of section 6.1.14.4.1 of NFPA 101 in order not to provide two-hour separation between the second floor and third floor occupancies within this facility.  It is the understanding of the Board that the Applicant has corrected all of the remaining deficiencies within this facility, to the satisfaction of the North Kingstown Fire Marshal's office.
	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 denies the Applicants request for an outright variance from the provision of section 6.1.14.4.1.  Accordingly, the Board hereby directs the Applicant to return with a plan of action for the correction of this deficiency.  The Board further directs the Applicant to submit the plan of action to the North Kingstown Fire Marshal's office within thirty (30) days of the date of this decision.  Accordingly, if either the Applicant or the North Kingstown Fire Marshal's office has additional questions, they are free to return to the Board for further review.

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)].