The above-captioned case was scheduled for hearing on March 4, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Filippi, Walker, Jasparro, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Carlo Jackvone of the Johnston Fire Marshals Office.  A motion was made by Commissioner Pearson 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 those of a February 27, 2008 compliance inspection report compiled by the Johnston Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Johnston Fire Marshals Office during the March 4, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the February 27, 2008 inspection report as its initial findings of fact.  In addition, the Board finds that the above report listed nine (9) deficiencies.  The Board finds that the Applicant and the Johnston Fire Marshal's office believe that the facility could be brought into compliance with reasonable time and with the Johnston Fire Marshal's office being granted the ability to grant dimensional relief.  
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance in order to submit plans for the completion of this project to the Johnston Fire Marshal's office within thirty (30) days of the date of this decision.  The Board hereby grants the Applicant an additional 120 days from approval of the plans in which to complete the work necessary to bring this facility into compliance.  The Board further grants the Johnston Fire Marshal's office the authority to grant the Applicant dimensional relief in cases of structural hardship in this building.  Accordingly, if there is any question as to the exercise of this authority, either the Applicant or the Johnston Fire Marshal's office may return to the Board for further review.

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)].