The above-captioned cases were scheduled for hearing on March 24, 2009 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Preiss, Blackburn and Walker were present.  Commissioners Filippi and Dias recused themselves from consideration of this case.  The fire service was represented by Deputy State Fire Marshals Arthur DaCosta and Dennis McGarty of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the March 24, 2009 hearing on these matters, the Board had before it two (2) inspection reports dated October 3, 2008 covering the above captioned facilities.  The inspection reports were compiled by the State Fire Marshal's office with its file number 21-291 covering 54 Dodge Street and file number 21-292 covering 62 Dodge Street.  The above reports were utilized by the Board, the Applicant and the State Fire Marshals Office during the March 24, 2009 hearing.  Accordingly, the Board hereby incorporates the two October 3, 2008 inspection reports 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 grants the Applicant a time variance, until the re-opening of these facilities in May of 2009, to correct all deficiencies as outlined in the October 3, 2008 inspection reports with the sole exception of sprinkler coverage for these facilities.
	2.  The Board hereby grants the Applicant a time variance in order to provide these facilities with compliant sprinkler systems installed at the direction and to the satisfaction of the State Fire Marshal's office on or before May 31, 2010.  
	3.  The Board hereby grants the State Fire Marshal's office the authority to extend the above timelines for good faith efforts being shown by the Applicant.

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)].