The above-captioned case was scheduled for hearing on October 4, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jasparro, Jackson, Sylvester, Burlingame and Richard were present.  Commissioner Blackburn recused himself from consideration of 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 Sylvester and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Richard, Dias and Pearson.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of both a March 5, 2008 inspection report compiled by the Warwick Fire Marshals Office along with an October 4, 2011 plan of action developed by the Applicants representative, Hughes Associates, Inc.  The above report and plan of action were utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the October 4, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the March 5, 2008 inspection report along with the October 4, 2011 plan of action 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.  The Board hereby grants the Applicant a time variance to upgrade the existing municipal fire alarm system in this facility, at the direction and to the satisfaction of the Warwick Superintendent of Fire Alarm as follows:
	The Applicant shall have until November 30, 2011 in which to develop architectural plans of the building.
	The Applicant shall have until December 31, 2011 in which to complete the design documents.
	The Applicant shall have until January 31, 2012 in which to bid the project and receive installation costs.
	The Applicant shall have until February 28, 2012 in which to review bids and award the project to a contractor.
	The Applicant shall have until March 31, 2012 in which to review pre-installation documents and obtain permits.
	And finally, the Applicant shall have until May 31, 2012 for the installation and testing of the upgraded system.
2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing the required emergency lighting and exit signage.
3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing the cited portable fire extinguishers.
4.  The Board hereby grants the Applicant a time variance of forty-eight (48) months in which to complete the installation of a sprinkler system throughout this facility in accordance with the following schedule.  The Board hereby grants the Applicant a time variance of one (1) year from the date of this decision in which to install sprinklers throughout the basement and throughout the common areas on all three levels of this facility.  The Applicant shall have an additional three (3) years from the expiration of the above one-year period in which to complete the installation of sprinkler coverage on the third, second and first floors of this facility, at the direction and to the satisfaction of the Warwick Fire Marshals Office.  
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing this facility with an approved key access box.
	6.  It is the understanding of the Board that deficiency 6 is moot and not a requirement of the fire code.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7.
	8.  The Board hereby grants the Applicant a time variance in order to address deficiency 8 as part of the sprinkler installation of this facility.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10.
	11.  It is the understanding of the Board that the Applicant has taken steps to correct deficiency 11 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)].