The above-captioned case was scheduled for hearing on May 3, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Preiss, Jasparro, Pearson and Walker were present. Commissioner Dias recused himself from this case. 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 Preiss and seconded by Vice Chairperson Filippi 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 January 2, 2008 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 May 3, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the January 2, 2008 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1 - 3	The Board hereby grants the Applicant a time variance of thirty (30) days from November 1, 2011, to submit a plan of action to the Warwick Fire Marshals Office for the correction of Deficiencies 1, 2 and 3 by providing this facility with an approved municipally connected fire alarm system, an approved key lock box, additional emergency lights and exit signage. The Board hereby grants the Applicant an additional one hundred twenty (120) days to implement the above plan of action. Finally, the Board hereby grants the Warwick Fire Marshal the authority to extend the above deadlines for good faith efforts being shown by the Applicant. 
4.	It is the understanding of the Board that the Applicant has corrected Deficiency 4. 
5.	It is the understanding of the Board that the Applicant has corrected Deficiency 5. 
6.	The Board hereby directs the Applicant to correct deficiency 6 by properly protecting the gas main, entering the north side of the building, at the direction and to the satisfaction of the Warwick Fire marshal within thirty (30) days of the date of this Decision. 
7.	The Board hereby directs the Applicant to correct deficiency 7 by properly protecting the cited electrical service, at the direction and to the satisfaction of the Warwick Fire Marshal within thirty (30) days of the date of this Decision. 

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)].