The above-captioned cases were scheduled for hearing on September 1, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Richard, Blackburn, Walker, Jasparro and Jackson were present.  Commissioner Dias recused himself from consideration of these cases.  The fire service was represented by Assistant Deputy State Fire Marshals John Peiczarek and Christopher Heon of the West Warwick Fire Marshals Office.  A motion, covering all three (3) cases, was made by Commissioner Blackburn and seconded by Commissioners Richard, Newbrook and Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that 25 Glen Drive, Building 1 (file 060829) is a four-unit apartment facility that was inspected by the West Warwick Fire Marshal's office on March 10, 2006.  The Board further finds that 75 Glen Drive, Building 2 (file 070107) was also inspected by the West Warwick Fire Marshal's office on March 10, 2006.  The Board finds that 75 Glen Drive, building 3 (file 070108) was also inspected by the West Warwick Fire Marshal's office on March 10, 2006.  The Board finds that the West Warwick Fire Marshal's office issued a specific inspection report dated March 10, 2006 for each of the above facilities and that the parties had these reports before them during the September 1, 2009 hearing on these matters.  Accordingly, the Board hereby incorporates the above three (3) inspection reports dated March 10, 2006 as its initial findings of fact for the subject facilities.  The Board further notes that the Applicant and the West Warwick Fire Marshal's office will be working together to bring these facilities into compliance with the code and that the Applicant needs a time variance.

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 present the West Warwick Fire Marshal's office with a plan of action for the correction of the deficiencies outlined in the March 10, 2006 inspection reports covering the above three (3) facilities.  The Board further grants the Applicant a time variance of 120 days in order to implement the above plan of action to bring the above three (3) facilities into compliance with the state fire code.  Finally, the Board hereby authorizes the West Warwick Fire Marshal's office to extend the above deadlines for good faith efforts being demonstrated by the Applicant.

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)].