The above-captioned case was scheduled for hearing on July 31, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Preiss, Blackburn, Richard, Filippi, Pearson, Jasparro and Jackson were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Pastore of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioners Jackson and 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 a May 17, 2005 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 July 31, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the May 17, 2005 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.  The Board hereby grants the Applicant a time variance until December 31, 2007 in order to correct deficiency 1 by repairing the cited penetration in the boiler room walls and providing an approved one-hour fire separation between the boiler area and the storage area. 
	2-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3, 4 and 5 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by providing the cited portable fire extinguisher in the second floor banquet hall with approved certification at the direction, to the satisfaction and within a timetable established by the West Warwick Fire Marshal's office.
	7-8.  It is the understanding of the Board that the Applicant has corrected deficiencies 7 and 8 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	9.  The Board hereby directs the Applicant to correct deficiency 9 at the direction and to the satisfaction of the West Warwick Fire Marshal's office on or before December 31, 2007.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by providing the boiler room door with an approved closing device installed at the direction and to the satisfaction of the West Warwick Fire Marshal's office on or before December 31, 2007.
	11.  The Board hereby directs the Applicant to correct deficiency 11 at the direction and to the satisfaction of the West Warwick Fire Marshal's office on or before December 31, 2007.
	12.  The Board hereby directs the Applicant to correct that portion of deficiency 12 addressing the main exit door from the second floor banquet area at the direction and to the satisfaction of the West Warwick Fire Marshal's office on or before December 31, 2007.  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 dimensions and head room of the cited rear stairwell servicing the kitchen door.  
	13.  The Board hereby grants a variance covering deficiencies 13(a)(b) to allow the Applicant to maintain the existing dimension of the cited exit doors.  The Board hereby directs the Applicant to correct deficiency 13(c) at the direction and to the satisfaction of the West Warwick Fire Marshal's office on or before December 31, 2007.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14.
	15-16.  The Board hereby grants the Applicant a time variance until December 31, 2007 in order to correct deficiencies 15 and 16 at the direction and to the satisfaction of the West Warwick Fire Marshal's office. 
	17.  It is the understanding of the Board that the Applicant has corrected deficiency 17 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	18-21.  The Board hereby grants the Applicant a time variance until December 31, 2007 in order to correct deficiencies 18, 19, 20 and 21 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	22.  It is the understanding of the Board that the Applicant has corrected deficiency 22, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	23.  The Board hereby grants a variance from the provisions of section 13.2.1 and 7.2.2.3.6.1 in order to allow the Applicant to maintain the existing dimension of the first riser servicing the interior stairs leading to the second floor of this facility.  This variance is granted on the basis of structural hardship.
	24.  The Board hereby grants the Applicant a time variance, until December 31, 2007, in order to correct deficiency 24 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	25.  It is the understanding of the Board that the Applicant has corrected deficiency 25 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	26.  The Board hereby grants the Applicant a time variance, until December 31, 2007, in order to correct deficiency 26 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	27.  It is the understanding of the Board that the Applicant has corrected deficiency 27 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	28.  The Board hereby grants the Applicant a time variance, until December 31, 2007, in order to correct deficiency 28 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	29.  It is the understanding of the Board that the Applicant has corrected deficiency 29 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	30.  The Board hereby directs the Applicant to correct deficiency 30 as outlined in deficiency 13(c) above.
	31.  The Board hereby grants the Applicant a time variance until December 31, 2007 in order to correct deficiency 31 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	32.  It is the understanding of the Board that the Applicant has corrected deficiency 32 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	33.  The Board hereby grants the Applicant a time variance until December 31, 2007 in order to correct deficiency 33 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	34.  It is the understanding of the Board that the Applicant has corrected deficiency 34 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	35-36.  The Board hereby grants the Applicant a time variance, until December 31, 2007, in order to correct deficiencies 35 and 36 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	37.  It is the understanding of the Board that the Applicant has corrected deficiency 37 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  
	38-39.  The Board hereby grants the Applicant a time variance in order to correct deficiencies 38 and 39 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	40-41.  It is the understanding of the Board that the Applicant has corrected deficiencies 40 and 41 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	42.  The Board hereby directs the Applicant to correct deficiency 42 on or before December 31, 2007 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	43.  The Board hereby grants a variance from the provisions of section 13.3.2.1.2 in order to allow the Applicant to maintain the existing separated storage in conjunction with sprinkler coverage, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	44.  It is the understanding of the Board that the Applicant has corrected deficiency 44 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	45.  The Board hereby grants the Applicant a time variance until December 31, 2007 in order to correct deficiency 45 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	46-47.  It is the understanding of the Board that the Applicant has corrected deficiencies 46 and 47 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	48-50.  The Board hereby grants the Applicant a time variance until December 31, 2007 in order to correct deficiencies 48, 49 and 50 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)].