The above-captioned case was scheduled for hearing on August 5, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jasparro, Richard, Jackson, Preiss, Pearson, Dias and Walker 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 Commissioner Richard and seconded by Vice Chairman Newbrook and 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 a July 11, 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 August 5, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the July 11, 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.  In light of the fact that the basement is utilized only for storage and mechanical and not open to the public, the Board hereby grants a variance from the provisions of sections 13.2.1 and 7.1.5.1.1 in order to allow the Applicant to maintain the existing head room in the subject basement of this facility.  As a condition of this variance, the Board directs the Applicant to maintain the existing unoccupied nature of the basement of this facility.
	2.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 2 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	3.  The Board hereby grants a variance from the provisions of sections 13.2.1 and 7.1.5.1.1 in order to allow the Applicant to maintain the existing head room on the cited basement stairs of this facility on the basis of structural hardship.
	4.  The Board hereby grants a variance of 120 days from the date of this decision in order to allow the Applicant to correct deficiency 4 by providing the cited basement stairs with approved hand rails.
	5.  The Board hereby grants a variance from the provisions of sections 13.2.1 and 7.1.5.1.1 in order to allow the Applicant to maintain the existing head room at the lower opening of the stairs to the second floor.  This variance is also granted on the basis of structural hardship.
	6.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 6 by providing approved hand rails and guards on the second floor stairs of this facility at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  
	7.  The Board hereby directs the Applicant to correct that portion of deficiency 7 that mandates handrails and guards to be installed on the stairway to the attic of 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.  The Board hereby grants a variance from the provisions of section 7.2.2.3.6 and its referenced standards in order to allow the Applicant to maintain the existing dimensions of the cited tread and riser variation on the stairs to the attic of this facility.
	8.  The Board hereby grants a variance from the provisions of section 13.2.2.2.3 in order to allow the Applicant to maintain the main egress door unlocked during all hours of business occupancy and to provide all egress doors of this facility deemed necessary by the West Warwick Fire Marshal's office with approved hardware installed at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  In granting this relief, the Board notes that the outside door is open during all hours of occupancy and that the Applicant shall provide it with an approved sign at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	9.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 9 by providing approved Class A or B materials on the interior finish of the walls and ceilings at the direction and to the satisfaction of the West Warwick Fire Marshal's office within 120 days of the date of this decision.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 at the direction and to the satisfaction of the West Warwick Fire Marshal.
	11.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 11 by replacing or installing all required emergency lighting at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	12.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 12 by providing the hood system in the kitchen with approved make-up air installed at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	13.  The Board hereby grants a variance from the provisions of section 13.2.1 and 7.4.1.1 in order to allow the Applicant to maintain a single means of egress from the unoccupied basement and second floors of this facility.  In granting this relief, it is the understanding and direction of the Board that the second floor shall have no storage and that the basement shall be limited to incidental storage and that both areas shall be maintained at the direction and to the satisfaction of the West Warwick Fire Marshal's office and shall further not be occupied as a condition of this relief.
	14.  The Board hereby grants a variance in order to allow the Applicant to provide a door at the top of the basement stairs at the direction and to the satisfaction of the West Warwick Fire Marshal's office but to allow the remaining stairs not to be fully separated on each level but rather to be maintained without additional separation in light of the absence of occupancy of the upper floor of this facility.
	15.  The Board hereby directs the Applicant to correct deficiency 15 within 120 days of the date of this decision at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  The Board notes that all of the above time extensions granted by it in this decision may be extended by the West Warwick Fire Marshal for good faith shown 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)].