The above-captioned case was scheduled for hearing on October 24, 2006 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Pearson, Filippi and OConnell were present.  The fire service was represented by Deputy State Fire Marshal Dennis McGarty of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Blackburn 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 January 20, 2005 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 October 24, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the January 20, 2005 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to upgrade the fire alarm system of this facility to provide an approved municipal connection at the direction and to the satisfaction of the State Fire Marshal's office.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by having a service contract for the fire alarm system and by maintaining the system on at all times.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by repairing the cited exit signage at the direction and to the satisfaction of the State Fire Marshal's office within 120 days of the date of this decision.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by re-swinging the cited door.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by properly mounting the fire extinguishers within this facility.
	6.  The Board hereby grants a variance from the provisions of sections 29.2.1.1 and 7.2.1.4.2 in order to allow the Applicant to maintain the existing swing of the historical front door of this facility, but to re-swing the remaining doors, at the direction and to the satisfaction of the State Fire Marshal's office within 120 days of the date of this decision.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by modifying the locking mechanism of the front door at the direction and to the satisfaction of the State Fire Marshals office within 120 days of the date of this decision.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 with regard to the cited emergency lighting.
	9.  The Board hereby grants a variance from the provisions of sections 7.2.2.3.5, 7.2.2.3.6 and their referenced standards in order to allow the Applicant to maintain the existing dimensions of the front stairway leading to the second floor of this facility.  This variance is granted on the basis of structural and historical hardship.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by properly covering the cited electrical panels and eliminating the exposed wiring.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by addressing the wiring within the basement of this facility.
	12.  The Board hereby directs the Applicant to correct deficiency 12 at the direction and to the satisfaction of the State Fire Marshal's office within 120 days of the date of this decision.  The Board specifically directs the Applicant to remove the decorative Styrofoam beams from this facility within thirty (30) days of the October 24, 2006 hearing.  
	13.  The Board hereby shall maintain this file as an open file in the event the Applicant or the State Fire Marshal's office has additional issues with regard to this facility.

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)].