The above-captioned case was scheduled for hearing on March 28, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss and Burlingame were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler and Chief Deputy Michael DiMascolo of the State Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame 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 16, 2005 inspection report compiled by the State Fire Marshals Office along with a March 28, 2006 proposed plan of action for this facility, developed on behalf of the Applicant by the Robinson Green Beretta Corporation.  The above report and proposed plan of action were utilized by the Board, the Applicant and the State Fire Marshals Office during the March 28, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the May 16, 2005 inspection report and the March 28, 2006 proposed plan of action report as its initial findings of fact in this case.  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 or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby directs the Applicant to correct deficiency 1 at the direction and to the satisfaction of the State Fire Marshal's office on or before September 1, 2006.
	2.  The Board hereby directs the Applicant to correct deficiency 2 at the direction and to the satisfaction of the State Fire Marshal's office on or before September 1, 2006.
	3.  The Board hereby grants the Applicant a time variance until October 2, 2006 in order to correct deficiency 3 in accordance with the Applicants March 28, 2006 proposed plan of action, at the direction and to the satisfaction of the State Fire Marshal's office.
	4.  The Board hereby grants the Applicant a time variance until October 2, 2006 in order to allow the Applicant to correct deficiency 4 in accordance with the Applicants March 28, 2006 proposed plan of action, at the direction and to the satisfaction of the State Fire Marshal's office.
	5.  The Board hereby grants the Applicant a time variance until October 2, 2006 in order to allow the Applicant to correct the wainscoting portion of deficiency 5, in accordance with the March 28, 2006 plan of action, at the direction and to the satisfaction of the State Fire Marshal's office.  The Board hereby directs the Applicant to correct the remainder of deficiency 5, by addressing the cited smoke detectors, in accordance with the March 28, 2006 plan of action, on or before September 1, 2006, at the direction and to the satisfaction of the State Fire Marshal's office.
	6(a)(b)(c)(d).  The Board hereby grants the Applicant a time variance until October 2, 2006, in order to allow the Applicant to correct deficiencies 6 (a)(b)(c)(d) at the direction and to the satisfaction of the State Fire Marshal's office in accordance with the March 28, 2006 plan of action.
	6(e).  The Board hereby grants a variance from the provisions of section 7.2.2.3.6 and its referenced sections in order to allow the Applicant to maintain the existing dimensional nonconformity on the existing stairs due to structural hardship.
	6(f).  The Board hereby grants a variance from the provisions of sections 7.7.2.4 and 7.1.3.2.1 in order to allow the Applicant to not separate the entire level of the exit discharge from areas below by construction having a one-hour rating.  This variance is granted pursuant to the Applicants plan of action to provide the entire lower level with an approved sprinkler system in accordance with section 9.7.  The Board further grants the Applicant a time extension, until October 2, 2006, in order to complete the proposed work as outlined on the March 28, 2006 proposal, at the direction and to the satisfaction of the State Fire Marshal's office.
	6(g).  The Board hereby grants a variance from the provisions of section 7.5.1.3.3 in order to allow the Applicant to maintain the existing remoteness of the exits with an approved sprinkler system covering the entire lower level of this facility.  As a condition of this variance, the Board directs the Applicant to complete the proposed work, as outlined in section 6(g) of the March 28, 2006 plan of action, on or before October 2, 2006 at the direction and to the satisfaction of the State Fire Marshal's 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)].