The above-captioned case was scheduled for hearing on April 7, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jackson, Filippi, Blackburn, Richard, Jasparro, Walker and Dias were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with both a January 2, 2009 inspection report compiled by the State Fire Marshals Office and a revised April 6, 2009 plan of action developed by the Applicants project manager.  The above report and plan of action were utilized by the Board, the Applicant and the State Fire Marshals Office during the April 7, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the January 2, 2009 inspection report and the revised April 6, 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.  During the April 7, 2009 hearing on this matter, the Board was advised that the Applicant was working with the State Fire Marshal's office to reconfigure the smoke enclosures on floors 2, 3 and 4 of this facility.  The Board hereby adopts the parties plan of action for the correction of this deficiency and particularly grants a variance on the center part of this facility.  The Board notes that the State Fire Marshal's office has no objection on the basis of structural hardship.
	2.  The Board hereby grants the Applicant a time variance until July 1, 2009 in order to correct deficiency 2 at the direction and to the satisfaction of the State Fire Marshal's office in accordance with the revised April 6, 2009 plan of action.
	3-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 3, 4, 5 and 6 to the satisfaction of the State Fire Marshal's office.  In the event the Applicant needs any additional time to address any of these deficiencies, the State Fire Marshal's office is authorized to extend that time.
	7.  The Board hereby grants the Applicant a time variance until July 1, 2009 in order to allow the Applicant to correct deficiency 7 by sealing off the cited penetrations at the direction and to the satisfaction of the State Fire Marshal's office.
	8.  The Board hereby grants the Applicant a time variance until October 1, 2009 in order to allow the Applicant to implement its plan of action for the correction of deficiency 8 at the direction and to the satisfaction of the State Fire Marshal's office.
	9.  The Board hereby grants a variance in order to allow the Applicant to install side wall sprinklers in the showers of this facility and to allow the State Fire Marshal's office to approve such side wall coverage.  This variance is granted pursuant to the Boards understanding that this area shall be maintained with 24/7 staffing.
	10-11.  It is the understanding of the Board that the Applicant has corrected deficiencies 10 and 11.
	12-18.  The Board hereby grants the Applicant a time variance until October 1, 2009 in order to correct deficiencies 12, 13, 14, 15, 16, 17 and 18 at the direction and to the satisfaction of the State Fire Marshal's office.
	19.  It is the understanding of the Board that the Applicant has corrected deficiency 19.
	20.  The Board hereby directs the Applicant to correct deficiency 20 at the direction, to the satisfaction and within the cited timetable of the Applicants plan of action.
	21.  The Board hereby directs the Applicant to correct deficiency 21 at the direction, to the satisfaction and within the cited timetable of the Applicants plan of action.
	22.  The Board hereby grants the Applicant a time variance until October 1, 2009 in order to correct deficiency 22 at the direction and to the satisfaction of the State Fire Marshal's office.
	23.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct deficiency 23 at the direction and to the satisfaction of the State Fire Marshal's office.
	24.  The Board hereby grants the State Fire Marshal's office the authority to extend all of the above timelines for good faith efforts being shown by the Applicant.

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)].