The above-captioned case was scheduled for hearing on March 17, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Jasparro and Richard were present.  The fire service was represented by Deputy State Fire Marshal James Moore of the State Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Richard and Vice Chairman Newbrook 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 1, 2006 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 March 17, 2009 hearing on this matter.  During the hearing, the Board was advised by the State Fire Marshal's office that the building should be identified as a Type II classification as opposed to the listed Type V classification.  Other than that, there were no corrections to the report.  Accordingly, the Board hereby incorporates the corrected September 1, 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.  The Board hereby grants a variance from the provisions of sections 39.2.2.3 and 7.2.2.3.2.2 in order to allow the Applicant to maintain the existing cited landing width of the rear stairway of this facility.  This variance is based upon structural hardship.
	2-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3 and 4 at the direction and to the satisfaction of the State Fire Marshal's office.
	5.  The Board hereby directs the Applicant to correct deficiency 5 at the direction and to the satisfaction of the State Fire Marshal's office as follows.  The Board hereby grants the Applicant thirty (30) days from the date of this decision in order to submit a plan of action for the corrections of the cited deficiencies herein and an additional 120 days in which to make the above corrections as outlined herein.  Finally, the Board notes that the State Fire Marshal's office shall be authorized to extend the above deadlines in light of good faith efforts being shown by the Applicant.
	6-8.  It is the understanding of the Board that the Applicant has corrected deficiencies 6, 7 and 8 at the direction and to the satisfaction of the State Fire Marshal's office.
	9.  The Board hereby directs the Applicant to correct deficiency 9 within the time lines outlined in item 5 above at the direction and to the satisfaction of the State Fire Marshal's office by providing this facility with an approved exterior horn strobe device.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by providing the cited ceiling space with approved heat detection at the direction and to the satisfaction of the State Fire Marshal's office within the time tables established in item 5 above.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by providing the cited smoke detection in the first floor stairway, at the direction and to the satisfaction of the State Fire Marshal's office, within the time tables established in item 5 above.
	12.  The Board hereby directs the Applicant to correct deficiency 12 by providing the cited manual pull stations within this facility, at the direction and to the satisfaction of the State Fire Marshal, within the time frames outlined in item 5 above.
	13.  The Board hereby directs the Applicant to correct deficiency 13 by properly upgrading the fire alarm system of this facility, at the direction and to the satisfaction of the State Fire Marshal, within the time frames outlined in item 5 above.
	14.  The Board hereby grants the Applicant a variance in order to utilize a second emergency means of egress from the second floor of this facility in conjunction with the upgraded fire alarm system outlined in item 13 above. 

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)].