The above-captioned case was scheduled for hearing on April 28, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jackson, Filippi, Richard, Blackburn, Walker, Jasparro and Dias were present.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshal's Office along with Assistant Deputy State Fire Marshal John Walsh of the Cumberland Fire District Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioners Walker and Jasparro 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 September 6, 2006 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the Cumberland District Fire Marshal's Office and the State Fire Marshals Office during the April 28, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the September 6, 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.  It is the understanding of the Board that deficiency 1 is moot in that the entire facility has been inspected under the most strict occupancy of assembly.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit plans for the installation of a complete local fire alarm system within this facility, and an additional 120 days to implement the above plan.  Finally, the Board hereby authorizes the Cumberland Fire District Fire Marshals office to extend the above deadlines for good faith efforts shown by the Applicant.
	3-8.  It is the understanding of the Board that the Applicant has corrected deficiencies 3, 4, 5, 6, 7 and 8 at the direction and to the satisfaction of the Cumberland Fire District Fire Marshal's office.
	9.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit plans for the correction of deficiency 9 by providing the cited wood paneling with an approved flame spread rating.  The Board hereby grants the Applicant an additional time variance of 120 days in which to implement the above plan and provide the cited wood paneling with the required interior finish.  Finally, the Board notes that the Cumberland Fire District Fire Marshal's office has the authority to extend the above deadlines for good faith efforts being shown by the Applicant.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10.
	11.  It is the understanding of the Board that the Applicant has corrected all of the items cited in deficiency 11 with the exception of the fire alarm system and that the Applicant shall correct the fire alarm system within the time lines outlined above.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 at the direction and to the satisfaction of the Cumberland Fire District 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)].