The above-captioned case was scheduled for hearing on June 7, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester, Jasparro, Walker, Pearson and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal James Babola of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Walker.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a March 9, 2011 inspection report compiled by the West Warwick Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Fire Marshals Office during the June 7, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the March 9, 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the state fire code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance from the provisions of sections 31.2.1.1, 7.3.4, and their referenced standards, in order to allow the Applicant to maintain the existing cited dimensions of the front and rear egress stairs within this facility. This variance is granted on the basis of structural hardship. 
2. - 6. During the June 7, 2011 hearing on this matter, the parties advised the Board that the remaining items (deficiencies 2, 3, 4, 5 and 6 listed on the March 9, 2011 inspection report) had been corrected by the Applicant.

STATUS OF DECISION AND APPEAL RIGHTS
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)].