The above-captioned case was scheduled for hearing on February 13, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Preiss and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Woodward and Chief Robert Martin of the Bristol Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook 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 November 22, 2006 inspection report compiled by the Bristol Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Bristol Fire Marshals Office during the February 13, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the November 22, 2006 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.		During the February 13, 2006 hearing on this matter, the Board was advised and finds that the Applicant has corrected Deficiency1 at the direction and to the satisfaction of the Bristol Fire Marshals Office.
2.		During the February 13, 2007 hearing on this matter, the Board was advised that the fire alarm system within this facility was installed on or about 1983.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days, from the date of this Decision, to either provide the Bristol Fire Marshals Office with approved certification that the existing system is in full compliance with the current fire alarm code or submit approved plans for the upgrading of this fire alarm system to the standards of the current fire alarm code. 
	In the event that the Applicants fire alarm system must be upgraded, the Board here by grants the Applicant an additional time variance of one hundred twenty (120) days, after the deadline for plan submission, to complete the fire alarm upgrades within this facility.
3.	During the February 13, 2006 hearing on this matter, the Board was advised and finds that the Applicant has corrected Deficiency 3 at the direction and to the satisfaction of the Bristol Fire Marshals Office.
4.		The Board here by directs the Applicant to correct Deficiency 4, providing this facility with approved manual fire alarm box, with the specific timetables outlined in Item 1.
5.		The Board hereby directs the Applicant to correct Deficiency 5, by providing this facility with an approved fire alarm department key access box (Knox Box or equivalent system), within the specific timetables outlined in Item 1 above.  The Board notes that the Applicant may further secure this safe box by connecting it to an approve security alarm system.  The Board further notes that such fire department key access boxes are required for all comparable commercial occupancies such as banks and dugs store and these safe boxes have been maintained in operation, without incident, for many years.
6.		The Board notes that there is no Deficiency 6 listed on the November 22, 2006 inspection report.
7.		The Board hereby directs the Applicant to correct Deficiency 7, by providing the bathroom of this facility with an approved horn/strobe unit, within the specific timetables outlined in Item 1 above.
8.		During the February 13, 2006 hearing on this matter, the board was advised and finds that the Applicant has corrected Deficiency 8 at the direction and to the satisfaction of the Bristol Fire Marshals Office.
9.	During the February 13, 2006 hearing on this matter, the Board was and finds that the Applicant as corrected Deficiency 9 at the direction and to the satisfaction of the Bristol Fire Marshals Office.
10.	During the February 13, 2006 hearing on this matter, was advised and finds that the Applicant has corrected Deficiency 10 at the direction and to the satisfaction of the Bristol Fire Marshals Office.
11.	During the February 13, 2006 hearing on this matter, was advised and finds that the Applicant has corrected Deficiency 11 at the direction and to the satisfaction of the Bristol Fire Marshals Office.
12.	The Board hereby grants a variance from the provisions of section 7.2.1.5.11 in order to allow the Applicant to maintain the additional locking devices, on his door, pursuant to the Applicants agreement that all doors shall remain unlocked during all hours of occupancy and that the owner shall remain fully responsible for assuring that the policy is strictly enforced.  This variance is based on security hardship.  
	As a further condition of the above variance, the Applicant shall work directly with the Bristol Fire Marshals Office to provide any and all safeguards deemed necessary by that office, including proper signage, to assure that the doors remain open during all hours of occupancy and that the keys to all of the keyed locks, on  these doors, shall be marked and placed within the fire departments key access safe box reference in Item 5.
13.	During the February 13, 2006 hearing on this matter, was advised and finds that the Applicant has corrected Deficiency 13 at the direction and to the satisfaction of the Bristol 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)].