The above-captioned case was scheduled for hearing on January 11, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Pearson, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Peter Marietti of the Warwick Fire Marshals Office along with Deputy State Fire Marshal Paul Manning of the State Fire Marshals office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of two inspection reports compiled by the State Fire Marshals Office.  The above reports, (September 16, 2009 and October 29, 2010) were utilized by the Board, the Applicant, the Warwick Fire Marshals office and the State Fire Marshals Office during the January 11, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the September 16, 2009 and October 29, 2010 inspection reports 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 

September 16, 2009 report

1-6  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4, 5 and 6 of the September 16, 2009 inspection report.
7.  The Board was advised by the State Fire Marshals Office that the Applicant had corrected deficiency 7.
8.  During the January 11, 2011 hearing on this matter, the Board was advised that the Applicant had corrected deficiency 8 with regard to a single tenant space by utilizing linear detection.  
9.  It is the understanding of the Board that the Applicant shall correct deficiency 9.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a plan for the correction of deficiency 9 of the September 16, 2009 inspection report along with the remaining deficiencies cited in the October 28, 2010 inspection report.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action at the direction and to the satisfaction of both the Warwick and State Fire Marshals offices.  Finally, the Board hereby grants the State Fire Marshals Office the ability to extend either or both of the above time lines for good faith efforts being shown by the Applicant.

October 28, 2010 report

	1.  (10-1833-VN).  The Board hereby grants the Applicant the time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of deficiency 1 to the State Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office.
	2.  (10-1834-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 2 at the direction and to the satisfaction of the State Fire Marshals Office.
	3.  (10-1836-VN).  As outlined in item 8 above, it is the understanding of the Board that the State Fire Marshals Office is still requiring the Applicant to provide heat detection above the suspended ceilings in this facility that are currently unprotected.  Accordingly, the Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct this deficiency, at the direction and to the satisfaction of the State Fire Marshals Office.
	4.  (10-1837-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the requested documentation.
	5.  (10-1829-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing fully operational emergency lighting as cited.
	6.  (10-1830-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 at the direction and to the satisfaction of the State Fire Marshals Office.
	7.  (10-1827-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 7 to the satisfaction of the State Fire Marshals Office.
	8.  (10-1835-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 8 by providing the cited smoke detector in the proximity of the fire alarm control panel, 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)].