The above-captioned cases were scheduled for hearing on August 31, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Jackson, Preiss, Jasparro, Dias and Pearson were present.  The fire service was represented by Deputy State Fire Marshal Eric Kiernan of the State Fire Marshals Office.  An initial motion, addressing items 10, 11 and 12 was made by Commissioner Blackburn and seconded by Commissioner Pearson.  The motion was unanimous.  A second motion was made by Commissioner Dias and seconded by Commissioner Pearson covering items 8 and 9.  The motion also passed unanimously.  Finally, the Board voted to provide the Applicant with a time variance of thirty (30) days to submit plans and 120 days in which to complete those plans.  This also passed unanimously.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a July 23, 2010 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 August 31, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the July 23, 2010 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 
	1-7.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4, 5, 6 and 7 at the direction and to the satisfaction of the State Fire Marshal's office.
	8-9.  The Board hereby grants a variance from the provisions of sections 7.2.1.1.1, 7.1.5.1 and 7.2.1.3.1 through 3 in order to allow the Applicant to maintain the existing cited condition of those doors and/or windows providing access to the basement units of this facility that are not normally occupied and/or accessed for storage and/or any other use, with the one exception of maintaining a piece of functioning mechanical equipment that typically requires only limited access for an annual inspection.  Accordingly, all spaces utilized by the Applicant in this area for storage, workshop or other activity shall be brought into compliance by the Applicant at the direction and to the satisfaction of the State Fire Marshal's office.  The Board hereby grants the applicant a time variance of thirty (30) days from the date of this decision in order to present the Fire Marshal's office with an approved plan of action for the upgrading of these areas and an additional 120 days in which to implement this plan of action.
	10.  The Board hereby grants a variance from the provisions of section 7.2.2.2 and its referenced standards in order to allow the Applicant to maintain the cited fifty-inch (50") headroom only in those areas that are not utilized as storage, workshop or otherwise occupied by the Applicant.  Specifically, those areas with functioning mechanical equipment that are only provided with limited maintenance access shall be exempted.  Finally, the Board hereby grants the Applicant a time variance of thirty (30) days to submit a plan of action and 120 days in order to implement that plan of action for the correction of the remainder of deficiency 10 regarding the fifty-inch (50") headroom for those rooms that are either occupied or generally accessed by the Applicant.
	11.  The Board hereby grants a variance from the provisions of section 7.2.2.4.1.1 in order to allow the Applicant to provide at least one (1) handrail on each of the stairs in the storage rooms as opposed to two (2) handrails.  The above handrails shall be installed at the direction and to the satisfaction of the State Fire Marshal's office in accordance with the timetables outlined in items 8, 9, and 10 above.
	12.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to present plans for the correction of deficiency 12 (a)(b)(c)(d) at the direction and to the satisfaction of the State Fire Marshal's office.  The Board hereby grants the Applicant an additional 120 days in order to implement the above plans and make the required corrections.  The Board notes that any mechanical space that does not otherwise require separation and is not regularly accessed by the Applicant may be exempted from the separation requirement by the State Fire Marshal's office.  However, all other normally occupied spaces and any potential hazard areas shall be properly separated at the direction and to the satisfaction of the State Fire Marshal's office within the above timelines.  
Finally, the Board notes that if the Coventry Building Official or the Applicant's structural engineer advises the State Fire Marshal's office that compliance is not structurally possible, the parties are free to return to the Board for further review.  Likewise, if the State Fire Marshal's office or the Applicant have any specific questions as to the status of a particular unit within this facility, those questions may also be submitted to the Board.
13-16.  It is the understanding of the Board that the Applicant has corrected deficiencies 13, 14, 15 and 16 at the direction and 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)].