The above-captioned case was scheduled for hearing before a subcommittee of the Board on September 13, 2006 at 9:00 A.M.  At that time, Acting Chairman Burlingame and Commissioner Blackburn were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  The subcommittee recommendations were reviewed by the full Board on September 19, 2006 and approved pursuant to a motion made by Commissioner Filippi and seconded by Commissioner Burlingame.  Accordingly, the subcommittee recommendation has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a March 7, 2006 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 September 13, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the March 7, 2006 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, 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 by providing this facility with an approved sprinkler system prior to re-occupancy.  However, during this hearing, the Board was advised that the Applicant may return with a full plan of action regarding this and other deficiencies.  Accordingly, the Applicant may return with a plan of action addressing this and other deficiencies on a system-wide basis.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing the State Fire Marshal's office with certification of the fire alarm testing within this facility within thirty (30) days of the date of this decision.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with approved emergency lighting prior to re-occupancy.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing this facility with approved exit signage prior to re-occupancy.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by providing this facility with approved emergency lighting prior to re-occupancy.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by providing the cited areas with approved fire alarm coverage prior to re-occupancy.  The Board notes that the Applicant may substitute heat detection in these areas with sprinkler head coverage.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing the cited panic hardware on the rear exit door prior to re-occupancy.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by properly locking the fire alarm circuit breaker.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing the basement with approved fire extinguishers.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by providing revised evacuation plans, approved by the State Fire Marshal and properly posted prior to re-occupancy of this facility.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by providing the required fire extinguishers and certifying them with annual inspections.
	12.  The Board hereby directs the Applicant to correct deficiency 12 by providing the State Fire Marshal's office with certification of the testing of the emergency generator system.
	13.  The Board notes that upon compliance with the sprinkler provisions of the code, item 13 would no longer become a deficiency under the State Fire Code.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by replacing heat detector 19.
	15.  It is the understanding of the Board that the Applicant has corrected deficiency 15 by properly hanging the cited fire extinguisher in the Directors 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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].