The above-captioned case was scheduled for hearing on June 30, 2009 at 1:00 P.M.  At that time Vice Chairman Newbrook and Commissioners Jasparro, Pearson, Blackburn, Walker, Preiss, Dias and Filippi were present.  Commissioner Jackson recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal David Cionfolo of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Walker 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 June 3, 2009 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 June 30, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the June 3, 2009 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.  During the hearing, the Board was advised that this facility has a master box with a hook-up to the sprinkler system but does not have an approved panel and drill switch.  The Board was further advised that the fire alarm system also needed pull stations, notification devices and more smoke detection.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans to the State Fire Marshal's office for the upgrade of this system and the correction of deficiencies 1 and 2.  The Board further grants the Applicant an additional time variance of 120 days from the above thirty day deadline in which to implement the above plan.  Finally, the Board hereby grants the State Fire Marshal's office the authority to extend the above deadlines for good faith efforts being shown by the applicant.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by repairing the cited emergency lighting.
	4.  The Board hereby directs the Applicant to correct deficiency 4 within the time lines grated the Applicant in items 1 and 2 above.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5.
	6.  The Board hereby grants a variance from the provisions of sections 7.2.2.3.2.1 and 7.2.2.3.2.5 in order to reaffirm a prior variance allowing the top of the three (3) stairwells from the basement not to have landings.  This variance is reaffirmed on the basis of structural hardship.
	7.  The Board hereby grants a variance from the provisions of section 7.2.1.4.3 in order to allow the Applicant to maintain the existing swing of the exit door leading to the basements west exterior stairs.  In reaffirming this prior variance on the basis of structural hardship, it is the understanding of the Board that the State Fire Marshal's office has no objection.
	8.  The Board hereby grants a variance from the provisions of section 7.2.2.2.4.3 in order to reaffirm a prior variance allowing the Applicant to maintain the winding stairs within the stairway system of this facility.  In granting this relief, it is the understanding of the Board that the State Fire Marshal's office has no objection.
	9.  The Board hereby grants a variance from the provisions of section 7.1.5.1.1 and 7.1.5.3 in order to allow the Applicant to maintain the existing cited headroom as indicated in the June 30, 2009 inspection report covering this facility.  In granting this relief, it is the understanding of the Board that this area is limited in its use to staff only and that the State Fire Marshal's office has no objection.  Finally, as a condition of this relief, the Board directs that the Applicant provide the low areas with approved markings at the direction and to the satisfaction of the State 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)].