The above-captioned case was scheduled for hearing on September 11, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Pearson, Jackson, Burlingame and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshals John Botelho and Matthew Manni of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioners Dias and Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the September 11, 2012 hearing on this matter, the Board had before it a July 25, 2012 building description compiled by the West Warwick Fire Marshals Office, along with a June 11, 2012 deficiency punch list covering this facility.  The July 25, 2012 building description and the June 11, 2012 deficiency list were utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the September 11, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the building description and punch list as its initial findings of fact.  The Board further finds that all of the fire code deficiencies in this facility have been corrected by the Applicant with the exception of the fire alarm system.  The Board finds that the Applicant wishes to correct the fire alarm system, but need additional time to comply.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of the fire alarm system within this facility.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action, at the direction and to the satisfaction of the West 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)].