The above captioned case was previously before the Board and a decision was issued in file number 060076 on December 5, 2007.  The Applicant has returned to request an extension and a review of the remaining items.  It is the understanding of the Board that the Applicant has corrected approximately thirty-six of the fifty cited items.  The above captioned case was thereupon most recently scheduled for hearing on February 19, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners OConnell, Filippi, Walker, Jasparro, Jackson, Preiss, Blackburn and Richard 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 Richard and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
The Board hereby adopts its original findings of fact in file number 060076 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has corrected approximately thirty-six of the fifty cited items in this facility to the satisfaction of the West Warwick Fire Marshal's office.  The Board finds that the Applicant has returned to address the remaining items.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-11.  It is the understanding of the Board that the Applicant has corrected deficiencies 1-11 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	12.  The Board hereby grants a variance in order to allow the Applicant to install two (2) thirty inch doors in this area at the direction and to the satisfaction of the West Warwick Fire Marshal's office, providing the Applicant includes panic hardware on both doors, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	13(c).  The Board hereby grants a variance on the cited doors which are not part of the required egress system.
	14-17.  It is the understanding of the Board that the Applicant has corrected deficiencies 14-17.
	18.  The Board hereby grants the Applicant a time variance of sixty (60) days from the hearing date in order to correct deficiency 18 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	19.  It is the understanding of the Board that the Applicant has corrected deficiency 19.
	20.  The Board hereby grants the Applicant a time variance of sixty (60) days from the hearing date to correct deficiency 20 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	21-22.  It is the understanding of the Board that the Applicant has corrected deficiencies 21 and 22.
	23.  It is the understanding of the Board that a variance has been granted covering deficiency 23.
	24-29.  It is the understanding of the Board that the Applicant has corrected deficiencies 24-29.
	30.  It is the understanding of the Board that deficiency 30 is not a violation of the code.
	31-34.  It is the understanding of the Board that the Applicant has corrected deficiencies 31-34.
	35.  The Board notes that the occupancy shall be recalculated with new doors at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	36.  The Board hereby grants the Applicant a time variance of sixty (60) days from the hearing date in order to correct deficiency 36.
	37.  The Board notes that the occupancy shall be recalculated in light of the new doors at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	38.  The Board hereby grants the Applicant a time variance of sixty (60) days from the hearing date in order to correct deficiency 38 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	39.  The Board hereby grants the Applicant a time variance of sixty (60) days from the hearing date in order to correct deficiency 39 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	40-42.  It is the understanding of the Board that the Applicant has corrected deficiencies 40-42.
	43.  It is the understanding of the Board that the Applicant is in the process of correcting deficiency 43 by installing a sprinkler system within this facility and that a permit has been issued.  The Board hereby grants the Applicant an additional time variance of sixty (60) days from the date of the hearing in order to correct the remainder of deficiency 43 and bring the sprinkler system of this facility into full compliance with the code.
	44-48.  It is the understanding of the Board that the Applicant has corrected deficiencies 44-48 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	49.  The Board hereby grants the Applicant a time variance of sixty (60) days from the hearing date in order to correct deficiency 49 by upgrading the fire alarm system of this facility.
	50.  The Board hereby grants the Applicant a time variance of sixty (60) days from the hearing date in order to correct deficiency 50 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	51.  During the February 19, 2008 hearing on this matter, the Board was presented with an additional item that needed to be addressed.  Specifically, the Board grants the Applicant a time variance until September of 2008 in which to bring all of the outbuildings of this facility into compliance with the code.  It is the understanding of the Board that the West Warwick Fire Marshal's office has no objection to this additional time variance.
	52.  The Board notes that if the Applicant fails to comply with the above plan of action at the direction and to the satisfaction of the West Warwick Fire Marshal's office, that he will be deemed to be in violation of the State Fire Code.

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)].