The above-captioned case was scheduled for hearing on April 27, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Preiss, Dias and Jasparro 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 Dias and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	Based on the testimony taken and the documentation submitted during the April 27, 2010 hearing on this matter, the Board finds that the subject facility was built in 1985 and is approximately 37,039 square feet in area.  The Board further finds that this facility is two stories in height and constructed of wood truss construction.  The Board further finds that this facility houses business, mercantile and assembly occupancies.  The Board further finds that the building houses approximately thirty-four (34) condominium units.  Finally, the Board finds that the majority of the building is built on slab with a small, non-habitable space at one end.  

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 submit plans for the upgrade of the municipally connected fire alarm system of this facility.  The Board further grants the Applicant a time variance of 120 days from the above deadline in which to implement those plans.  Finally, the Board hereby grants the Warwick Fire Marshal's office the ability to extend either or both of the above timelines for good faith efforts being shown by the applicant.  The Board notes that during the hearing that it was advised that the Applicant had replaced the fire alarm panel of this facility and was awaiting a determination as to the type of heat detection to be utilized as part of the municipally connected fire alarm system.
	2.  The Board hereby grants the Applicant the timelines as outlined in item 1 above in which to correct deficiency 2 by providing this facility with any additional emergency lighting and exit signage deemed necessary by the Warwick Fire Marshal's office.
	3.  It is the understanding of the Board that deficiency 3 is moot and not a violation of the code.
	4.  The Board hereby grants the Applicant the timelines as outlined in item 1 above in which to correct deficiency 4 by providing this facility with any additional extinguishers deemed necessary by the Warwick Fire Marshal's office.  The Board notes that the Applicant shall immediately test and maintain all existing fire extinguishers.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by properly inspecting, testing and certifying the elevator of this facility.
	6.  The Board hereby grants the Applicant the timelines as outlined in item 1 above in which to correct deficiency 6 at the direction and to the satisfaction of the Warwick Fire Marshal's office.
	7.  The Board hereby grants the Applicant the timelines as outlined in item 1 above in which to correct deficiency 7 by providing this facility with an approved key access box installed at the direction and to the satisfaction of the Warwick Fire Marshal's 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)].