The above-captioned cases were scheduled for hearing on February 15, 2011 at 1:00 P.M. At that time, Chairman Newbrook and Commissioners Richard, Jasparro, Walker, Filippi and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Peter J. Marietti III of the Warwick Fire Marshals Office. The City of Warwick was represented by its City Solicitor, Peter Ruggiero, Esq., and its Maintenance Director, Mr. David Picozzi. Each of the above-captioned cases were heard, and voted upon, separately by the Board. Accordingly, the motions, seconds and votes in each case will be reflected in the specific individually numbered Decision listed below.  

GENERAL FINDINGS OF FACT

The numbers of the Decisions below correspond with those of the individually referenced January 25, 2011 inspection reports complied by the Warwick Fire Marshals Office. These reports further incorporate a consultants report, covering the subject facilities, that was prepared for the City of Warwick by its consulting engineers - Hughes Associates.  The above reports were utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the February 15, 2011 hearings covering these facilities.  The parties further agreed that the building descriptions and other facts outlined therein were accurate to the best of their knowledge. Accordingly, the Board hereby incorporates the above reports below as its initial findings of fact in each case.  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, shall be 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.
	Finally, the Warwick Fire Marshals Office has been granted the authority to extend any or all of the timelines below in light of good faith efforts by the Applicant. 

FILE NO. 070303

This Decision covers 3275 Post Road also known as the Warwick City Hall. The numbers of this Decision also correspond with those of the Warwick Fire Marshals January 25, 2011 inspection report covering the above-captioned facility.  The above report was utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the February 15, 2011 hearing covering this facility. 

The parties specifically agreed to the accuracy of the above report.  Accordingly, the Board hereby incorporates the building description and other information found in the January 25, 2011  inspection report below 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. 

At the conclusion of the February 15, 2011 hearing covering this facility, a motion was made by Commissioner Walker and seconded by Commissioners Dias and Filippi to grant the Applicant the relief outlined herein. The motion was unanimous. The relief granted is as follows: 

1.	The Board hereby grants the Applicant a time variance, until January 1, 2014, in order to correct Deficiency 1 by upgrading the municipallyconnected fire alarm system within this facility, to include the Main Flow for the dry sprinkler zone, as outlined in the consultants report, at the direction and to the satisfaction of the Warwick Fire Marshals Office. 
2.	During the February 15, 2011 hearing on this matter, the Warwick Fire Marshal advised the Board that Deficiency 2, recommending Phase I and II elevator recall, had been voluntarily corrected by the Applicant..   
3.	During the February 15, 2011 hearing on this matter, the Board was advised that this building is fully sprinkled with the exception of the Elevator Machine Room and the basement and first floor Archive Vaults. The Board was further advised that the Warwick Fire Marshals Office had no objection to granting the Applicant relief from sprinkling these specific areas, on the basis of structural hardship, conditioned upon the Applicants installation of approved heat detection, interfaced with the FACU, in the above areas, at the direction and to the satisfaction of his office. Accordingly, the Board hereby grants a variance from the provisions of NFPA 13, 2002 edition, in order to allow the Applicant to provide approved heat detection in the above areas in lieu of sprinkler heads. 
4.	The Board hereby grants a time variance, until January 1, 2012, to allow the Applicant to correct Deficiency 4 by providing the minimum six (6) sprinkler heads and a sprinkler wrench, in the sprinkler cabinet, as outlined in the consultants report, at the direction and to the satisfaction of the Warwick Fire Marshals Office. While the Board has granted the above time period pursuant to the parties plan of action, it is strongly recommended that the Applicant correct this deficiency within the next thirty (30) days. 
5.	The Board hereby grants a variance from the provisions of sections 39.3.1(4) and 8.6 through 8.6.6 in order to allow the Applicant to maintain the existing historic main stairway (vertical opening) from the front first floor through the third floor mezzanine level of  this facility. In granting this relief on the basis of structural hardship, the Board notes that the building is sprinkled, there are alternative compliant means egress and that the Warwick Fire Marshals Office supports this relief.     	
6.	The Board hereby grants the Applicant a time variance, until January 1, 2014, in order to correct Deficiency 6 by either providing the cited stairway enclosure doors with electro-magnetic hold open devices, if they are to remain open, or to provide them with the appropriate signage advising: Please Keep Fire Doors Closed At All Times, if these doors are to remain closed. The above modifications shall be made at the direction and to the satisfaction of the Warwick Fire Marshals Office.
7.	The Board hereby grants a variance from the provisions of sections 7.1.3.2 and 9.4.7 in order to allow the Applicant to maintain the existing elevator doors that open into the rear stair enclosure. This variance is also granted on the basis of structural hardship as outlined in the consultants report.
8.	 The Board hereby grants a variance from the provisions of sections 13.3.3 and 10.2 in order to allow the Applicant to maintain the existing historic wooden wainscoting found throughout this sprinkled facility. This variance is also granted pursuant to the recommendation of the Warwick Fire Marshals Office and in consideration of the fact that the subject areas are protected by sprinkler coverage. 
9.	The Board hereby grants the Applicant a time variance, until January 1, 2012, in order to correct Deficiency 9 by either providing the cited recommended appropriate emergency lighting at the exterior exits, as outlined in the consultants report, at the direction and to the satisfaction of the Warwick Fire Marshals Office.

STATUS OF DECISIONS AND APPEAL RIGHTS
	Each of the above Decisions represent an individual comprehensive, integrated plan of fire safety for each the above-captioned facilities under the above-cited use or occupancy.  Accordingly, every variance granted, in each separate Decision, is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board in that particular Decision. 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 mandates of a particular individual Decision of the Board, within the stated time frame, shall void all variances granted in that particular Decision. (See: Board Rules and Regulations, section 6-2-18)  In the event of complete, timely and continued compliance with each of the above individual full Decisions of the Board, the above-cited variances shall be deemed to have vested in the above-captioned facility covered by that Decision.  As long as this facility is in continued compliance with the full individual 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 individual Decision shall void all variances granted in that particular Decision. 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 the individual facility shall be reviewed under the newly created use or occupancy. (See: Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal any or all of the individual the Boards Decisions outlined above, within thirty (30) days of the mailing date of these Decision(s), 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 these Decision(s).  [R.I.G.L. 42-35-15(c)].