The above-captioned case was scheduled for hearing before a subcommittee of the Board on March 22, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Walker and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshals David Pimental and Paul Petrozzi of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Dias to recommend that the Board grant the Applicant relief as outlined herein.  The motion was unanimous.

The above recommendations were thereupon consolidated with the subcommittee recommendations heard on March 17, 2011 and were presented to the Board on March 29, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Pearson, Jasparro, Dias and Walker were present.  A motion to approve the subcommittee recommendations was made by Commissioner Walker and seconded by Commissioner Pearson.  The motion was unanimous.  Accordingly, the subcommittee determination has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a June 29, 2010 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the March 22, 2011 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the June 29, 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing this facility with an approved key access box.
	2-3.  It is the understanding of the Board that deficiencies 2 and 3 do not appear on the June 29, 2010 inspection report.
	4.  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 for the upgrade of the fire alarm system within this facility to the West Warwick Fire Marshals Office for approval.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action for the upgrade of the fire alarm system in this facility, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.  Finally, the Board notes that the West Warwick Fire Marshals Office may extend either or both of the above deadlines for good faith efforts being shown by the Applicant.
	5.  The Board hereby grants the Applicant the time variance outlined in item 4 above in order to correct deficiency 5 by providing this facility with approved hard-wired smoke and carbon monoxide detectors.
	6.  The Board hereby grants the Applicant the time variance outlined in item 4 above in order to correct deficiency 6 by providing this facility with approved emergency lighting.
	7.  The Board hereby grants the Applicant the time variance outlined in item 4 above in order to correct deficiency 7 by providing this facility with approved exit signage.
	8-9.  The Board notes that there are no deficiencies 8 and 9 listed on the June 29, 2010 inspection report.
	10.  The Board hereby grants the Applicant the time variance outlined in item 4 above in order to correct deficiency 10 by providing a Class A finish on the wainscoting within the egress system of this facility.  The Board notes that the remaining walls are of sheetrock and plaster construction and do not require any additional finish.
	11-16.  The Board notes that deficiencies 11, 12, 13, 14, 15 and 16 do not appear on the June 29, 2010 inspection report.
	17.  The Board hereby directs the Applicant to correct deficiency 17 by providing this facility with approved portable fire extinguishers at the direction and to the satisfaction of the West 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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).