The above-captioned case was scheduled for hearing on May 24, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Blackburn, Preiss, Walker, Jasparro, Dias and Richard were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office and Assistant Deputy State Fire Marshals Gerald Bessette and Edward Owens of the Barrington Fire Marshals Office.  A motion to close these files was thereupon made by Commissioner Dias and seconded by Vice Chairperson Filippi.  The motion was unanimous.

FINDINGS OF FACT
	During the May 24, 2011 hearing on this matter, the Applicant was not in attendance.  The Board finds that the State Fire Marshals Office will now be enforcing the Marine Trades Guidelines recently developed by the Marine Trade Association and the State Fire Marshal and approved by the Board.  The Board further approved the parties proposed amendments to this plan of action for the Marine Trade Industry on May 24, 2011 immediately after this hearing.  In light of the above, the Board finds that allowing the Applicant to attempt to comply with the latest approved plan of action for Marinas, prior to hearing any variance requests based on the older versions of the code, would be in the best interest of all parties.
	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, is defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby closes the above-captioned cases in order to allow the Applicant to attempt compliance with the latest approved plan of action for Marinas.  In the event that Applicant needs any relief in the future, he will be free to repetition the Board, by reopening file number 090007, thereby allowing the Board to address his requested relief at that time.

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)].