The above-captioned case was scheduled for hearing on August 31, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Jackson, Jasparro, Dias and Pearson 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 Dias and seconded by Commissioner Jackson 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 an May 26, 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 August 31, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the May 26, 2010 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.  During the August 31, 2010 hearing on this matter, the parties advised the Board that the Applicant has upgraded the panel and corrected the zoning of the fire alarm system in this facility.  However, he does not have fire alarm coverage over the ceilings.  The parties further advised the Board that they would immediately provide coverage over the mezzanine level at the direction and to the satisfaction of the Warwick Fire Marshal's office.  However, the Board was advised that the Applicant did not wish to disrupt the operations of its current tenants.  Accordingly, the Board hereby grants the Applicant a time variance to maintain the existing coverage while the current tenants are in place and no major renovations are planned.  However, the Board directs the Applicant to correct deficiency 1 by providing the additional coverage at the direction and to the satisfaction of the Warwick Fire Marshal's office when tenants are replaced or the contracts for the occupancies of this building expire and the space is upgraded.  The Board directs the Applicant to work closely with the Warwick Fire Marshal's office in order to provide the protection for this facility with minimal disruption to the tenants therein.
	2-3.  It is the understanding of the Board that the Applicant has corrected deficiencies 2 and 3.
	4.  It is the understanding of the Board that the Applicant has contracted for the correction of deficiency 4 and that he will correct deficiency 4 at the direction and to the satisfaction of the Warwick Fire Marshal's office within a timetable established by that office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5.

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)].