The above-captioned cases were scheduled for hearing on February 2, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Jasparro, Walker, Pearson, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals David Pimental and John Peiczarek of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook 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 September 20, 2009 plan review report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the February 2, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the September 20, 2009 plan review 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 grants a variance from the provisions of section 14.7.3, 7.3.1 and 7.3.2 in order to allow the Applicant to upgrade the standpipe system in one of the two stairways servicing this facility, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  In granting this relief, it is the understanding of the Board that the West Warwick Fire Marshal's office has no objection in light of the fact that the building will be fully sprinklered and alarmed and that the two stairways are within fifty (50) feet of each other.  Additionally, the Board notes that the building currently has two (2) stairways that service the high-rise portion of the facility with hose cabinets located in the corridor on each floor approximately half way between the two stairs.  As a condition of this relief, the Board directs that these hose cabinets shall remain.  The Board further notes that all egress ways within this complex are constructed of non-combustible materials and that the travel distance between the two stairwells is approximately forty-seven (47) feet.  The Board further notes that the existing stairwells are constructed in a manner that additional items in the stairwells could possible restrict the flow of egress in that stairway.  Finally, it is the understanding of the Board that all other deficiencies within this complex have been corrected 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)].