The above-captioned case was scheduled for hearing on May 15, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Jackson and Pearson were present.  The fire service was represented by Chief Deputy Michael DiMascolo of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Jackson 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 May 11, 2007 updated 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 May 15, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the May 11, 2007 updated 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.	 The Board hereby grants a variance from the provisions of section 7.5.1.1 in order to allow the Applicant to maintain the existing headroom in the kitchen area and in the lower room in the Inspectors area, as long as both areas are utilized only for file storage and not as generally occupied space.
2.	It is the understanding of the Board that the Applicant has corrected deficiency 2 by removing the cited wooden bar placed across the door as a locking device.
3.	The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 3 by widening the cited ramp on the parking lot side of the drill hall in accordance with the dimension criteria outlined in section 7.2.5.2
4.	The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to develop and implement a plan of action for the correction of the deficiency 4 in accordance with the code.
5.	The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 5 by restricting the opening between the guards and the rails of the handicap access ramp in accordance with the provisions of section 7.2.2.4.5.3.
6.	The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 6 by providing the proper illumination to the exit discharge areas on the Parade Street and Dexter Street sides of this facility with accordance with the provisions of section 7.8.1.1.
7.	During the May 15, 2007 hearing on this matter, the Board was advised that the area designated in deficiency 7 was currently a classroom area.  Accordingly, the Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to remove the cited exit doors that currently do not swing in the direction of egress travel.
8.	It is the understanding of the Board that the Applicant has corrected deficiency 8.
9.	The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 9 by reconfiguring the sprinkler heads in order to allow for the maximum protection area per sprinkler head in accordance with NFPA 13 section 8.1.1.
10.	It is the understanding of the Board that the Applicant corrected deficiency 10 by removing the cited non-system cables from the sprinkler piping of this facility.
11.	The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 11 by providing approved smoke detection in the elevator machine room and at each elevator landing at this facility in accordance with the provisions of section 13.8.10.4.2.4.
12.	In granting the above relief, the Board notes that the Applicant has provided this facility with an approved new sprinkler and fire alarm system and has upgraded all of the systems in accordance with the code with only the exceptions noted above.  Accordingly, the board is providing the Applicant with additional time to make the final corrections 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)].