The above-captioned case was scheduled for hearing on July 26, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairman Filippi and Commissioners Richard, Burlingame, Jasparro, Walker, 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 Dias and seconded by Vice Chairperson Filippi to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Walker abstaining from the vote.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 16, 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 July 26, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the September 16, 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 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 at the direction and to the satisfaction of the Warwick Fire Marshals Office.
	2.  The Board hereby grants a variance from the provisions of section 37.2.1.1 and its referenced standards in order to allow the Applicant to maintain the existing cited limited obstructions of the vertical openings within this facility.  This variance is granted on the basis of structural hardship in the absence of an objection by the Warwick Fire Marshals Office.
	3-8.  It is the understanding of the Board that the Applicant has corrected deficiencies 3, 4, 5, 6, 7 and 8 as outlined within the September 16, 2008 inspection report.
	9.  The Board hereby grants a variance from the provisions of section 37.2.5.2 in order to allow the Applicant to maintain the existing cited dead end corridor, based upon structural hardship and in consideration of the installation of a full municipally connected fire alarm system.  In granting this variance, the Board notes that this is a nine-to-five business occupancy with no overnight occupancy and that the Warwick Fire Marshals Office has no objection.

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)].