The above-captioned case was originally scheduled for hearing on February 23, 2010 at 1:00 P.M.  At that time, the Board directed the Applicant and the West Warwick Fire Marshal's office to review the one-hour separation within this facility.  The Board noted that if the one-hour separation complied with the Chapter 31 exception for fire alarm that the file could be closed, and that if the Applicant needed additional time to comply, the Applicant and the Marshal could return on April 27, 2010.  After review of the separation issue, the parties returned to the Board 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 Marshals John Peiczarek and David Pimental of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Blackburn 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 December 8, 2006 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the April 27, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the December 8, 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 
	1-2.  It is the understanding of the Board that the Applicant has corrected deficiencies 1 and 2 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	3.  During the April 27, 2010 hearing on this matter, the Applicant provided the Board with sufficient documentation establishing that a previously submitted ceiling hatch design had been most likely been approved by the West Warwick Building Official's office prior to construction of this facility.  However, in order to ensure that the ceiling hatch (S) would not be accidentally open, exposing the attic of this facility, the parties agreed that the Applicant would provide a rated hatch design in accordance with UL standards.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans to the West Warwick Fire Marshal's office for the installation of a UL approved hatch or hatches to provide access to the attic area from the third floor level of this facility.  The Board notes that the Applicant may also be able to seal off one or more of the adjoining hatches servicing the common attic space, provided this is allowed under the building code.  The Board further grants the Applicant a time variance of 120 days from the above thirty-day deadline in which to install the above attic hatches, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  The Board notes that the West Warwick Fire Marshal's office may extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant.
	4-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 4, 5 and 6 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	7.  The Board hereby grants the Applicant a time variance as outlined in item 3 above in which to correct deficiency 7 by protecting any remaining penetrations in either the boiler room area or in the remainder of the building at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  In granting this time relief, the Board is requesting that the parties work closely together in order to reasonably address the boiler room penetrations along with the possible penetrations within the one-hour assemblies of this facility.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 at the direction and to the satisfaction of the West 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)].