The above-captioned case was scheduled for hearing on September 14, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Richard, Blackburn, Walker and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Peter Marietti of the Warwick Fire Marshals Office.  A motion was made by Commissioner Richard 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 January 11, 2010 inspection report compiled by the Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the September 14, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the January 11, 2010 inspection report as its initial findings of fact with one clarification.  The Board hereby clarifies the above report by confirming the Warwick Fire Marshals testimony that the building is approximately 9,600 square feet in total area.  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.  It is the understanding of the Board that deficiency 1 is moot in light of the fact that this facility, as most recently determined by the Warwick Fire Marshals Office, is 9,600 square feet in total area.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to allow the Applicant to submit a plan of action and an additional 150 days to implement the plan of action for the correction of deficiency 2 by providing this facility with an approved key access box, at the direction and to the satisfaction of the Warwick Fire Marshals Office.  The Board hereby grants the Warwick Fire Marshal the ability to extend the above timelines for good faith efforts being shown by the Applicant.
	3.  The Board hereby grants a variance from the provisions of sections 7.1.3.2.2, 7.1.3.2.3 and 7.2.2.5.3.1 in order to allow the two or three occupants of the basement to travel through a storage area in order to exit the building.  In granting this relief, the Board notes that the Warwick Fire Marshals Office has no objection in light of the fact that there is no public occupancy of this area and that the area maintains two-hour rated assemblies.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 and currently has a contract in place to annually test the fire extinguishers.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing the hallway doors with approved self-closing devices and by further removing any manual hold-open devices previously installed on the doors.
	6-8.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit a plan of action and an additional 150 days to implement that plan of action for the correction of deficiencies 6, 7 and 8 relating to the sprinkler system within this facility.  The Board hereby authorizes the Warwick Fire Marshals Office to extend the above deadlines for good faith efforts being shown by the Applicant.
	9-10.  It is the understanding of the Board that the Applicant has corrected deficiencies 9 and 10 at the direction and to the satisfaction of the Warwick 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)].