The above-captioned case was scheduled for hearing on February 5, 2013 at 1:00 P.M.  At that time, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jackson, Sylvester, Burlingame and Richard 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 Sylvester and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.  The motion further directed that the file should be left open in order to allow either the Applicant or the Warwick Fire Marshals Office to return with additional questions or requesting additional relief without incurring additional filing fees.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 8, 2012 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 February 5, 2013 hearing on this matter.  During the hearing, the parties made two (2) corrections to the above report, which are herein adopted by the Board.  
The first correction was that this building contains twenty (20) two-bedroom apartments, three (3) one-bedroom apartments, and a single efficiency apartment.  The second correction was that the building is heated by a forced hot water system, located in the basement.  Accordingly, the Board makes the following findings of fact:
The Board finds that the subject facility was built in 1965 as a three-story brick veneer masonry walled structure with unprotected wood frame construction (Type V) of approximately 21,774 square feet.  The Board finds that the square footage and construction types were verified through the City of Warwick Assessors Office.  The Board further finds that the subject facility contains twenty (20) two-bedroom units, three (3) one-bedroom units and a single efficiency unit for a total of twenty-four (24) living units with undocumented separation.  The Board further finds that from the outside of the building and centered on the structure, there appears to be a parapet wall structure extending up through the roof approximately twelve to eighteen inches.  The Board finds that the Warwick Fire Marshals Office has determined that this would meet the requirement of documented separation to contain twelve (12) living units between fire walls.  The Board notes that the Warwick Fire Marshals Office was unable to completely verify the separation and has requested that the owner provide the appropriate documentation to confirm this separation.
The Board further finds that this building is apparently broken down into clusters of six (6) living units which share egress using a common hall and stairway (front and rear) leading to the outside.  The Board further finds that the facility has no sprinkler system and is not being required to have a sprinkler system by the Warwick Fire Marshals Office.  The Board further finds that the building utilizes electricity for food preparation and is heated by a forced hot water system located in the basement.  The Board finds that the subject facility maintains a fire alarm system that is required to be upgraded.  The Board further finds that the Applicant shall need additional time in order to secure several quotes for this project to ensure that the upgraded system is installed in the proper manner for a reasonable price.

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 upgrade of the fire alarm system to the Warwick Fire Marshals Office.  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 Warwick Fire Marshals Office.  The Board further grants the Warwick Fire Marshals Office the authority to extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant.  Finally, the Board notes that during the above six-month period, this file shall remain open in the event the Applicant and/or the Warwick Fire Marshals Office determine it would be necessary to return to the Board with additional questions or additional requests.
	2.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiency 2 by providing this facility with an approved key access box, installed at the direction and to the satisfaction of the Warwick Fire Marshals Office.
	3.  The Board hereby grants the Applicant the time variance as outlined in item 1 above in order to correct deficiency 3 by providing this facility with approved hard wired or wireless smoke and carbon monoxide detection installed at the direction and to the satisfaction of the Warwick Fire Marshals Office.  Again, the Board notes that the Warwick Fire Marshals Office shall have the ability to extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant.
	4.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 4 by providing this facility with approved portable fire extinguishers installed at the direction and to the satisfaction of the Warwick Fire Marshals Office.
	5.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 5 by providing this facility with the required emergency lighting and exit signage and proper testing, at the direction and to the satisfaction of the Warwick Fire Marshals Office.  Again, the Board notes that the Warwick Fire Marshals Office may extend the above timelines for good faith efforts being shown by the Applicant.
	6.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 by providing the existing door jambs of the apartment units of this facility with either solid core or steel doors maintaining an approximate fire rating of twenty (20) minutes and to further equip these doors with approved self-closing hinges, at the direction and to the satisfaction of the Warwick Fire Marshals Office.  Again, the Board notes that the Warwick Fire Marshals Office may extend the above timelines for good faith efforts being shown by the Applicant.
	7.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in which to correct deficiency 7 by either properly separating the boiler/furnace room area or by providing this area with approved domestically supplied sprinkler heads installed at the direction and to the satisfaction of the Warwick Fire Marshals Office.  Again, the Board notes that the Warwick Fire Marshals Office may extend 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)].