The above-captioned case was scheduled for hearing on October 23, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Walker, Jasparro, Jackson, Sylvester, Burlingame and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Brian Gartland of the North Smithfield Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Sylvester 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 2, 2012 inspection report compiled by the North Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Smithfield Fire Marshals Office during the October 23, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the March 2, 2012 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).
	The Board further finds that the subject facility was previously before it on July 24, 2012 at which time it was rescheduled in light of proposed exceptions to the fire alarm code that was under review by the Board.  The Board further finds that the proposed Rhode Island Life Safety Code would exempt the subject facility pursuant to the exceptions outlined in section 42.3.4.1.1, having an effective date of January 1, 2013.  Specifically, the Applicant has testified that she shall operate this facility in accordance with the above exception.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time extension to January 1, 2013 to comply with the fire alarm provisions of this code.  Accordingly, the Applicant shall not be required to provide this facility with an approved fire alarm system in light of exceptions to the code which shall become effective January 1, 2013.
	2.  In light of the determination in item 1, the Board notes that a key access box is not required in a building which does not have a fire alarm system.
	3-5.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of deficiencies 3, 4 and 5 at the direction and to the satisfaction of the North Smithfield Fire Marshals Office.  The Board further grants the Applicant an additional 120 days in order to implement the above plan of action, at the direction and to the satisfaction of the North Smithfield Fire Marshals 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)].