The above-captioned case was scheduled for hearing on July 19, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Evans, Newbrook, Pearson, OConnell and Richard were present.  Commissioners Burlingame and Blackburn recused themselves from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Mark St. Pierre of the Harrisville Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below reference those of an initial inspection report compiled on August 5, 2004 and a follow-up inspection report compiled on June 22, 2005, by the Harrisville Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the Harrisville Fire Marshals Office during the July 19, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the August 5, 2004 and June 22, 2005 inspection reports 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  During the July 19, 2005 hearing on this matter, the Applicant submitted a July 18, 2005 letter, from his fire code consultants, outlining a plan of action for this facility.  The Harrisville Fire Marshals office had no objection to the plan of action.  Accordingly, pursuant to the plan of action, the Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct all of the items listed on the above reports with the exception of items 18, 21 and 22.
	With regard to item 18, the Board hereby grants the Applicant a time variance of thirteen (13) months from the date of this decision in order to correct deficiency 18.  Specifically, the Board recognizes that the Applicant must bid on this construction project and must complete it within the following summer months.
	21-22.  The Board hereby strikes all reference to ADA requirements from page 2 of the July 18, 2005 plan of action report.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited dimensions outlined in items 21 and 22 of the original inspection reports covering 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)].