The above-captioned case was scheduled for hearing on August 26, 2008 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Preiss, Jackson, Jasparro, Walker and Dias were present.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  An initial motion, to grant the Applicant a variance on item 2 of the inspection report was made by Commissioner Walker and seconded by Commissioner Jackson.  The motion passed over the opposition votes of Commissioners Preiss and Blackburn.  A follow-up motion to grant the Applicant time to correct deficiencies 3 and 4 was made by Commissioner Dias and seconded by Commissioner Walker.  This motion passed unanimously.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an April 22, 2008 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and State the Fire Marshals Office during the August 26, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the April 22, 2008 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by removing the hold-open device on the front entrance fire door.
	2.  The Board hereby grants a variance from the provisions of sections 17.3.4.1 and 13.8.10.5 in order to allow the Applicant to maintain the currently covered pull-stations and not to replace these stations with double action stations.
	3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit plans for the correction of deficiency 3.  The Board further grants the Applicant an additional 120 days to install the required devices in the implementation of this plan of action.
	4.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit plans for the correction of deficiency 4.  The Board further grants the Applicant an additional 120 days to install the required devices necessary to correct deficiency 4 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)].