The above-captioned cases were scheduled for hearing on September 1, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Richard, Walker, Jasparro and Jackson were present.  Commissioners Blackburn and Dias recused themselves from consideration of these cases.  The fire service was represented by Assistant Deputy State Fire Marshals John Peiczarek and Christopher Heon of the West Warwick Fire Marshals Office.  The Applicant failed to appear.  However, the West Warwick fire marshals testified that the Applicant was in the process of making all of the appropriate corrections and that these corrections should be completed within the next thirty (30) days.  Accordingly, a motion was made by Vice Chairman Newbrook and seconded by Commissioner Richard to grant the Applicant the additional thirty (30) days in which to complete the project and to allow the West Warwick Fire Marshal's office to extend the above deadline for good faith efforts being made by the Applicant.  The motion was unanimous.

FINDINGS OF FACT
	During the September 1, 2009 hearing on this matter, the Board had before it a July 19, 2006 inspection report covering the subject facilities.  The above report was reviewed by the Board, and the West Warwick Fire Marshal's office advised the Board that the Applicant was in substantial compliance with this report.  The Board finds that the Applicant needs an additional thirty (30) days in order to bring these facilities into full compliance with the report, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  Accordingly, the Board hereby incorporates the July 19, 2006 inspection report covering these facilities as its initial findings of fact.  

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 order to correct the deficiencies outlined in the July 19, 2006 inspection report at the direction and to the satisfaction of the West Warwick Fire Marshal and Fire Alarm Superintendent.  The Board hereby grants the West Warwick Fire Marshal and Fire Alarm Superintendent the authority to extend the above deadline for good faith efforts being demonstrated 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)].