The above-captioned case was scheduled for hearing on December 14, 2010 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Richard, Pearson, Jasparro, Dias and Filippi 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 Richard and seconded by Commissioner Filippi 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 an April 12, 2007 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 December 14, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the April 12, 2007 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 from the date of this decision to submit a plan of action for the correction of deficiency 1 and an additional 120 days in order to implement that plan of action by properly enclosing the cited mixing room in accordance with NFPA standard 33 at the direction and to the satisfaction of the Warwick Fire Marshals Office.  Finally, the Board notes that the Warwick Fire Marshals Office may extend the above time line for good faith efforts being shown by the Applicant.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 2 by properly testing and maintaining the fire alarm system of this facility at the direction and to the satisfaction of the Warwick Fire Marshal or designee.
	3.  The Board hereby grants the Applicant a time variance of fifteen (15) days from the date of this decision in which to correct deficiency 3 by properly inspecting and maintaining the portable fire extinguishers within this facility at the direction and to the satisfaction of the Warwick Fire Marshals Office.
	4.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to test and maintain the emergency lighting and exit signage within this facility at the direction and to the satisfaction of the Warwick Fire Marshal or designee.
	5.  Due to the limited occupancy of this facility, the Board hereby grants the Applicant relief in order to maintain the cited vertical openings, conditioned upon the Applicant providing an approved door closer on a door designated by the Warwick Fire Marshals Office to provide some separation at the direction and to the satisfaction of that Office within thirty (30) days from the date of this decision.

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)].