The above-captioned cases were scheduled for hearing on April 6, 2010 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Filippi, Richard, Walker, Dias, Jasparro and Pearson were present.  Commissioner Preiss recused himself from consideration of these cases.  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 Pearson and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 2, 2006 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 April 6, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the November 2, 2006 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.  The Board hereby grants the Applicant a time variance of thirty (30) days to submit plans for the upgrade of the existing municipally connected fire alarm system of this facility.  The Board hereby grants the Applicant an additional 120 days in order to implement the above plans to provide the upgraded system at the direction and to the satisfaction of the Warwick Fire Marshal's office.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing all additional exit signage and emergency lighting deemed necessary by the Warwick Fire Marshal's office in accordance with the code.
	3(a).  It is the understanding of the Board that the Applicant has corrected deficiency 3(a) by providing approved protection between the kitchen and the second level of this facility.
	3(b).  The Board hereby grants a variance from the provisions of section 13.3.1 in order to allow the Applicant to maintain the existing separation between the main entrance and the second level of this facility on the basis of structural hardship.  The Board notes that the Warwick Fire Marshal's office has no objection to this relief based on structural hardship and on the fact that there are two (2) means of egress.

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)].