The above-captioned case was scheduled for hearing on June 9, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Jackson, Preiss, Walker, Dias and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioners Jackson and Richard 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 25, 2006 inspection report compiled by the State Fire Marshals Office along with a May 20, 2009 plan of action submitted by the Applicants representative.  The above inspection report and plan of action were utilized by the Board, the Applicant and the State Fire Marshals Office during the June 9, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the September 25, 2006 inspection report and the May 20, 2009 plan of action 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 of ninety (90) days from the date of this decision in order to secure bids, financing and to award a contract for the installation of sprinkler coverage within this facility.  The Board hereby grants the Applicant an additional 180 days in order to install the sprinkler system in this facility at the direction and to the satisfaction of the State Fire Marshal's office.  Finally, the Board notes that the State Fire Marshal's office may extend the above deadlines for good faith efforts being shown by the Applicant.
	2-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3, 4 and 5 at the direction and to the satisfaction of the State Fire Marshal's office.
	6.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop plans for the installation of a remotely located exit on the first floor of this facility.  The Board further grants the Applicant a time variance of an additional 120 days in order to implement the plan for the installation of a remotely located egress on the first floor of this facility.  As a condition of this relief, the Board directs that if this area is utilized it shall only be utilized by smaller groups under fifty (50) until the Applicant brings the area into full compliance with the code.  Finally, the Board notes that the State Fire Marshal's office may extend the above deadlines for good faith efforts being shown by the Applicant.
	7-10.  It is the understanding of the Board that the Applicant has corrected deficiencies 7, 8, 9 and 10 at the direction and to the satisfaction of the State Fire Marshal's office.
	11.  The Board notes that deficiency 11 shall be addressed and considered corrected once the Applicant provides this facility with approved sprinkler coverage.

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)].