The above-captioned case was scheduled for hearing on February 5, 2009 at 9:30 A.M.  At that time, a subcommittee of the Board consisting of Chairman Coutu and Commissioners Dias, Filippi and Jasparro were present.  The Nasonville Fire Marshal was unable to attend.  However, by letter forwarded to the Fire Board office on February 2, 2009, the Nasonville Fire Marshal advised that he had no opposition to the granting of the variance requested by the owner and that the owner had made several upgrades to bring the building up to fire code to the satisfaction of that office.  A motion was made by Commissioner Dias and seconded by Commissioner Filippi to recommend to the full Board that it grant the Applicant relief as outlined herein.  The motion was unanimous.
	The subcommittee recommendations were thereupon presented to the full Board on February 10, 2009.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jasparro, Walker, Pearson and Dias were present.  A motion to approve the subcommittee recommendations was made by Commissioner Pearson and seconded by Vice Chairman Newbrook.  The motion was unanimous to grant the Applicant relief as outlined herein.  

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 31, 2005 inspection report compiled by the Nasonville Fire Marshal's Office.  The above report was utilized by the Board and the Applicant during the February 5, 2009 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the October 31, 2005 inspection report as its initial findings of fact.  Any modification of the Board's 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 
	1-2.  It is the understanding of the Board that the Applicant has corrected deficiencies 1 and 2 at the direction and to the satisfaction of the Nasonville Fire Marshal's office.
	3.  The Board hereby grants a variance from the provisions of section 13.3.3.3 in order to allow the Applicant to maintain the existing cited interior finish within this facility.  In granting this relief, it is the understanding of the Board that the Nasonville Fire Marshal's office ha no objection.

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 Applicant's 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 Board's 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(b)(4), 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."