The above-captioned case was scheduled for hearing on September 23, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jackson, Pearson, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Albert Heroux of the West Warwick Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Dias 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 August 28, 2008 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 September 23, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the August 28, 2008 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

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.  The Board hereby directs the Applicant to correct deficiency 3 by upgrading the fire extinguishers within this facility at the direction and to the satisfaction of the West Warwick Fire Marshal's Office within 120 days of the date of this decision.
	4.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide approved separation between the first floor mercantile occupancy and the second floor apartments of this facility, at the direction and to the satisfaction of the West Warwick Fire Marshal's Office.
	5.  The Board hereby grants a variance from the provisions of section 37.2.1.1 and 7.1.5.1.1 in order to allow the Applicant to maintain the existing cited ceiling height in the basement of this facility.  In granting this relief, it is the understanding of the Board that this is in the mechanical area and that there would not be storage or tenant access in this area.
	6-7.  It is the understanding of the Board that the Applicant has corrected deficiencies 6 and 7 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing the cited doors with approved self-closing devices at the direction and to the satisfaction of the West Warwick Fire Marshal's Office within 120 days of the date of this decision.
	9.  The Board hereby grants a variance from the provisions of sections 37.2.1.1, 7.2.2.3.6.1, 7.2.2.3.6.2 and 7.2.2.3.6.3 in order to allow the Applicant to maintain the existing dimensions of the cited basement stairs and rear exits of the business of this facility.  This variance is granted on the basis of structural hardship.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by providing the cited stairs with approved handrails, at the direction and to the satisfaction of the West Warwick Fire Marshal's Office within 120 days of the date of this decision.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by providing the basement with approved twenty-minute rated doors, at the direction and to the satisfaction of the West Warwick Fire Marshal's Office within 120 days of the date of this decision.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12.
	13.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with approved emergency lighting at the direction and to the satisfaction of the West Warwick Fire Marshal's Office.
	14.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the business units with approved exit signage at the West Warwick Fire Marshal's Office.
	15.  The Board hereby directs the Applicant to correct deficiency 15 by properly rating the remaining units of this facility within 120 days of the date of this decision.
	16.  The Board hereby grants a time variance of 120 days from the date of this decision in order to have the Applicant provide employees of this facility with training in the use of portable fire extinguishers.
	17.  It is the understanding of the Board that the Applicant has corrected deficiency 17 and that the facilitys fire alarm system has already been tested.
	18.  In light of the above, item 18 is moot.
	19.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 19 by providing approved smoke and carbon monoxide detection throughout this facility, at the direction and to the satisfaction of the West Warwick Fire Marshal's Office.
	20-21.  It is the understanding of the Board that the Applicant has corrected deficiencies 20 and 21.
	22.  The Board hereby directs the Applicant to correct deficiency 22 by providing the appropriate flame spread rating on the wood work and wainscoting in the common egress areas within 120 days of the date of this decision.
	23.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide approved solid core or steel doors with an approximate fire rating of twenty (20) minutes in the existing door jambs of the egress system servicing the apartments of this facility.
	24.  It is the understanding of the Board that the Applicant has corrected deficiency 24.
	25.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to complete the installation of portable fire extinguishers throughout this facility 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)].