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 Blackburn, Preiss, Jasparro, Pearson and Dias 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 Pearson and seconded by Jasparro 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 an April 26, 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 May 3, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the April 26, 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. Finally, the Warwick Fire Marshals Office advised the Board that the Applicant wished to utilize the lower level of the facility now and to later utilize the second level. 
	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.	The Board hereby grants a time variance of thirty (30) days, from the date of this Decision, to allow the Applicant to correct Deficiency 1 by providing this building with an approved maintenance and testing program for the exit signage and the emergency lights. 
2.	The Board hereby grants a time variance of thirty (30) days, from the date of this Decision, to allow the Applicant to develop and submit a plan of action for the correction of Deficiency 2 to the Warwick Fire Marshal or Designee. The Board hereby grants the Applicant an additional one hundred twenty (120) days to implement the above plan of action by bringing the cited fire alarm system into full compliance with the code. 
3.	The Board hereby grants a time variance of thirty (30) days, from the date of this Decision, to allow the Applicant to develop and submit a plan of action for the correction of Deficiency 3 to the Warwick Fire Marshal or Designee. The Board hereby grants the Applicant an additional one hundred twenty (120) days to implement the above plan of action by providing the Warwick Fire Marshals Office with documentation confirming the testing of the cited elevator.
4.	It is the understanding of the Board that the Applicant has corrected Deficiency 4 by removing the cited storage.
5.	 In light of the general limitation of the occupancy of this building to the lower level, the Board hereby grants a time variance to allow the Applicant to correct Deficiency 5 by providing this facility with a sprinkler system at the direction and to the satisfaction of the Warwick Fire Marshal or his Designee on or before April 1, 2012. In the event the Applicant wishes to utilize the upper level of this facility prior to the installation of the sprinkler system, such use shall be at the direction, to the satisfaction, and with any additional safeguards deemed necessary by, the Warwick Fire Marshals Office. 
6.	In light of the above, the Board hereby grants a time variance to allow the Applicant to correct Deficiency 6 by providing the management of this facility with approved crowd management training, at the direction and to the satisfaction of the Warwick Fire Marshal or his Designee, on or before April 1, 2012.
((Note:  The Warwick Fire Marshal is hereby authorized to extend any of the above timelines for good faith efforts being shown by the Applicant.)) 

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)].