The above-captioned case was scheduled for hearing on January 25, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Jasparro, Richard, Dias and Filippi 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 Commissioners Filippi and Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with both those of a November 24, 2010 inspection report compiled by the Fire Marshals Office and a December 29, 2010 plan of action submitted by the Applicants representative.  The above report and plan of action were utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the January 25, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates both the November 24, 2010 inspection report and the December 29, 2010 plan of action 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 the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a plan of action to the Warwick Fire Marshals Office for the upgrading of the municipally connected fire alarm system of this facility.  The Board grants the Applicant an additional 150 days in which to implement the above plan of action, at the direction and to the satisfaction of the Warwick Fire Marshals Office.
	2.  During the January 25, 2011 hearing on this matter, the Board was advised that the Applicant was currently correcting deficiency 2.  Accordingly, the Board hereby grants the Applicant the time variance outlined in item 1 above in order to complete the maintenance testing and repair of the emergency lighting and exit signage throughout this facility, at the direction and to the satisfaction of the Warwick Fire Marshals Office.
	3.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in which to correct deficiency 3 by properly marking the fire department connection located at the southeast corner of the building, in accordance with the December 29, 2010 plan of action.  The Board further authorizes the Warwick Fire Marshals Office to extend this timeline for good faith efforts being shown by the Applicant.
	4.  The Board hereby grants the Applicant the time variance as outlined in item 1 above in order to correct deficiency 4 by replacing the missing escutcheon plates only throughout this building, as required by NFPA 13.  In granting this relief, the Board notes that the sprinkler system of this facility is currently not required by code.  The above escutcheon plates shall be replaced at the direction and to the satisfaction of the Warwick Fire Marshals Office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by properly testing, maintaining and documenting the fire pump in the sprinkler room of this facility.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by removing the cited storage from the sprinkler room of this facility.

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)].