The above-captioned case was scheduled for hearing on April 12, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Blackburn, Filippi, Pearson, Walker, Jasparro, Preiss and Richard 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 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 with those of a March 3, 2011 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 April 12, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the March 3, 2011 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 April 12, 2011 hearing on this matter, the Board was advised that the fire alarm panel within this facility has been maintained and tested and that the radio master box has been replaced.  The Board was further advised and finds that the Warwick Fire Marshals Office is requesting that approximately one thousand square feet of space above the ceiling be provided with protection, that a smoke detector be installed at the fire alarm control unit, and that the pull stations be rekeyed.  The Board notes that several of these issues are currently under debate during the ongoing code review process.  Accordingly, the Board hereby grants the Applicant a time variance until mid-November of 2011 in order to submit a plan of action for bringing the fire alarm system of this facility into compliance with the fire code.  The Board further grants the Applicant an additional time variance until April 1, 2012 in which to implement the above plan of action pursuant to the latest fire codes, at the direction and to the satisfaction of the 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 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)].