The above-captioned case was scheduled for hearing on April 9, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Richard, Walker and Jasparro were present.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Iannone of the State Fire Marshals Office along with Assistant Deputy State Fire Marshal Peter Marietti of the Warwick Fire Marshals Office.  A motion was made by Commissioner Jasparro and seconded by Commissioner Richard 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 1, 2013 inspection report (12-1607-IS) compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the Warwick Fire Marshals Office and the State Fire Marshals Office during the April 9, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the April 1, 2013 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1-7.  (12-1817-VN, 12-1212-VN, 12-1853-VN, 12-1820-VN, 12-1816-VN, 12-1810-VN and 12-1198-VN).  It is the understanding of the Board that the Applicant has corrected deficiencies 1 through 7 at the direction and to the satisfaction of the State Fire Marshals Office.
	8.  (12-1199-VN).  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to correct deficiency 8 as outlined in the April 9, 2013 report of the Applicants engineer, Hughes Associates, Inc.  The Board hereby authorizes the State and Warwick Fire Marshals offices to extend the above timeline for good faith efforts being shown by the Applicant.  Finally, the Board notes that all of the cited rubbish has been removed from this area.
	9.  (12-1200-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to provide the cited area with approved signage as outlined on the April 9, 2013 report of the Applicant engineer, Hughes Associates, Inc.
	10-17.  (12-1201-VN, 12-1202-VN, 12-103-VN, 12-1204-VN, 12-1206-VN, 12-1207-VN, 12-1208-VN and 12-1209-VN).  It is the understanding of the Board that items 10 through 17 have been corrected by the Applicant.  
	18.  (12-1210-VN).  The Board hereby grants the Applicant the time variance outlined in item 8 above in order to allow the Applicant to correct deficiency 18 by providing this facility with all necessary smoke detectors installed at the direction and to the satisfaction of the State Fire Marshals Office in accordance with the guidelines established by the Applicants engineer, Hughes Associates in its April 9, 2013 letter.  
	19-20.  (12-1211-VN, 12-1197-VN).  It is the understanding of the Board that the Applicant has corrected deficiencies 19 and 20.
	21.  (12-1196-VN).  The Board hereby grants the Applicant the time variance outlined in item 8 above in order to correct deficiency 21 at the direction and to the satisfaction of the State Fire Marshals Office by properly protecting the master box of this facility with a system smoke detector, installed at the direction and to the satisfaction of the State Fire Marshals Office.
	22-25.  (12-1193-VN, 12-1195-VN, 12-1194-VN, 12-1192-VN).  It is the understanding of the Board that the Applicant has corrected deficiencies 22 through 25 at the direction and to the satisfaction of the State Fire Marshals Office.
	26.  (12-1190-VN).  Pursuant to the Applicants engineers April 9, 2013 correspondence covering this issue, the Board hereby confirms that the Applicants upgrade of the sprinkler system of this facility to a complete automatic sprinkler system has allowed the Applicant to now defend in place, and not be required to maintain evacuation drills.  The Board notes that the State Fire Marshals Office has no objection to this determination.  Finally, pursuant to the request of Commissioner Jasparro, the Applicant shall provide a written policy recognizing the second floor occupancy and outlining the conditions thereof.

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)].