The above-captioned case was scheduled for hearing on September 28, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Filippi, Preiss, Richard, Jasparro, Dias and Pearson were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Michael Macaruso of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with both a November 28, 2008 inspection report compiled by the State Fire Marshals Office along with a June 9, 2010 plan of action compiled by the Applicant.  The above reports were referenced by the Board, the Applicant and the State Fire Marshals Office during the September 28, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the Applicants June 9, 2010 plan of action, based on the State Fire Marshals Office November 28, 2008 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 
	1-2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop a plan of action for the correction of deficiencies 1 and 2 and an additional 120 days to implement that plan of action at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further grants the State Fire Marshals Office the authority to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	3.  During the September 28, 2010 hearing on this matter, Commissioner Preiss advised the Applicant that he was requesting a third party review of the cited headroom issue located on the second floor stairs to the first floor.  Specifically, he wished someone to review the headroom issue with the State Fire Marshals Office, to determine whether it could be addressed through reconstruction or other means, and to submit a brief report to the Board.  This recommendation was adopted by the full Board, and therefore the Applicant shall have the time relief granted in item one above in order to address this issue with the State Fire Marshals Office.
	4.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited projection of the basement door leading from the limited use basement of this facility.  This variance is based upon structural hardship.
	5-6.  The Board grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct deficiencies 5 and 6 by providing approved emergency lighting and exit signage at the direction and to the satisfaction of the State Fire Marshals Office.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 at the direction and to the satisfaction of the State Fire Marshals Office.
	8.  It is the understanding of the Board that the Applicant shall render deficiency 8 moot with the installation of a sprinkler system within this facility.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 at the direction and to the satisfaction of the State 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)].