The above-captioned case was originally scheduled for hearing on May 22, 2012 at which time the Board gave the parties a two-week extension in order to develop a plan of action for this facility.  As a condition of this extension, the Board directed the Applicant to provide approved smoke detection and a fire watch at the direction and to the satisfaction of the North Providence Fire Marshals Office.  The above captioned case was most recently scheduled for hearing on June 5, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Walker, Pearson, Sylvester, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Horan of the North Providence Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Dias 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 March 21, 2012 inspection report compiled by the North Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the June 5, 2102 hearing on this matter.  Accordingly, the Board hereby incorporates the March 21, 2012 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 
	1-3.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2 and 3 as outlined on the March 21, 2012 inspection report, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	4.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the protection of openings throughout the basement level and an additional 150 days in order to implement the plan of action at the direction and to the satisfaction of the North Providence Fire Marshals Office, culminating in the correction of deficiency 4.
	5.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop and submit a plan of action for the installation of an approved fire alarm system for this facility.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing this facility with approved smoke and carbon monoxide detection.
	7.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of deficiency 7 by providing this facility with approved sprinkler coverage.  The Board grants the Applicant an additional 150 days in order to implement the above plan of action at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing this facility with approved fire extinguishers.
	9.  During the June 5, 2012 hearing on this matter, it became apparent that the Applicant would encounter a structural hardship if required to provide approved smoke barriers on each level of this facility.  Accordingly, the Board hereby grants a variance to allow the Applicant to maintain the existing construction of this facility based upon structural hardship and the Applicants agreement to provide this facility with an approved sprinkler system and updated fire alarm system.  In light of the above, the North Providence Fire Marshals Office has no objection to this relief.
	10-13.  It is the understanding of the Board that the Applicant has corrected deficiencies 10, 11, 12 and 13 at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	14.  In light of the Applicants agreement to provide this facility with approved sprinkler coverage, the Board hereby grants a variance in order to allow the Applicant to maintain the existing cited furnishings and decorations of this facility.
	15.  The Board hereby authorizes the North Providence Fire Marshals Office to extend any of the above timelines for good faith efforts being demonstrated by the Applicant.

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)].