The above-captioned case was originally scheduled for hearing on June 13, 2011.  However, the hearing was postponed at the request of the Applicant with the agreement of the North Smithfield Fire Marshals Office.  The matter was thereupon rescheduled for April 3, 2012 but the Applicant did not attend.  Specifically, the North Smithfield Fire Marshals Office advised the Board that the Applicant is in his nineties and is currently bedridden.  Accordingly, a motion was made and seconded to table the case for thirty (30) days in order to allow the Applicant or his representative to appear before the Board on May 8, 2012 at 1:00 P.M.  Accordingly, the case was most recently heard by the board on May 8, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Walker, Sylvester and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Brian Gartland of the North Smithfield Fire Marshals Office.  The Applicant was represented by his attorney, Christopher Bijesse during this hearing.  A motion was made by Commissioner Sylvester and seconded by Commissioner Walker 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 4, 2009 inspection report compiled by the North Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Smithfield Fire Marshals Office during the May 8, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the March 4, 2009 inspection report as its initial findings of fact in this case.  The Board further finds that the barbershop within this complex is closed and that the property is currently vacant with the exception of an 800 square foot business unit.  Accordingly, the Board finds that, in the absence of a current residential occupancy on the second floor of this facility, the combined business occupancy is less than twenty-five hundred square feet.  The Board further finds that, in the absence of the residential occupancy on the second floor of this facility, there is a significantly reduced chance of a fire related fatality within this facility.
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 grants the Applicant a time variance in order to provide this facility with an approved local fire alarm system on or before the re-occupancy of the second floor residential unit of this facility.  In granting this variance, the Board notes that the current business occupancy of this facility is significantly less than the threshold for the installation of a fire alarm system.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with approved portable fire extinguishers installed at the direction, to the satisfaction and within a timetable established by the North Smithfield Fire Marshals Office.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by properly marking the egress throughout this facility, at the direction, to the satisfaction and within a timetable established by the North Smithfield Fire Marshals 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)].