The above-captioned case was scheduled for hearing on November 28, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Preiss, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gerald Bessette of the Barrington Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Vice Chairman Burlingame 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 March 23, 2004 inspection report compiled by the Barrington Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Barrington Fire Marshals Office during the November 28, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the March 23, 2004 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 
	1-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4 and 5 at the direction and to the satisfaction of the Barrington Fire Marshal's office.
	6.  The Board hereby grants the Applicant a time variance until December 1, 2007 in which to correct deficiency 6 by providing the cited interior walls and ceilings with an approved flame spread rating, installed at the direction and to the satisfaction of the Barrington Fire Marshal's office.
	7-8.  It is the understanding of the Board that the Applicant has corrected deficiencies 7 and 8 at the direction and to the satisfaction of the Barrington Fire Marshal's office.
	9.  During the November 28, 2006 hearing on this matter, the Board was advised that the sprinkler system within this facility should be installed on or before February 28, 2007.  However, the Board has provided the Applicant with some additional time.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision in which to design the proposed sprinkler system.  The Board further grants the Applicant a second time variance of 120 days from the Barrington Fire Marshal's approval of the sprinkler plans for the installation of the sprinkler system within this facility.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 at the direction and to the satisfaction of the Barrington 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)].