The above-captioned case was scheduled for hearing on September 26, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook, Preiss, Pearson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshals David Pastore and John Peiczarek of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The initial numbers of the Decision below correspond with a March 16, 2006 inspection report compiled by the West Warwick Fire Marshal's office.  The second set of numbers in the decision correspond with those of an August 10, 2006 fire alarm compliance report compiled by the Director of the West Warwick Communications Division.  Accordingly, the Board hereby incorporates both the March 16, 2006 and the August 10, 2006 inspection reports 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
March 16, 2006 inspection report.
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing the cited facility with an approved address number, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	2.  The Board hereby grants the Applicant a time variance in order to correct deficiency 2 by providing this facility with an approved key access box, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	3-9.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 3, 4, 5, 6, 7, 8 and 9 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	10.  The Board hereby grants a variance from the provisions of section 13.1.2.1 in order to allow the Applicant not to provide separation between the general occupancy and the non-occupied storage areas of this facility.  
	11.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to provide the existing basement door jamb with an approved solid core wood door maintaining an approximate fire rating of twenty (20) minutes and to further provide the door with an approved closer, at the direction and to the satisfaction of the West Warwick Fire Marshal s office.
	12.  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 cited ceiling height within the basement of this facility.  In granting this variance, the Board understands and directs that the basement shall be generally an unoccupied storage space for the business and that there shall be no public access to this area.
	13-16.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 13, 14, 15 and 16 at the direction and to the satisfaction of the West Warwick Fire Marshal s office.
	17.  The Board hereby grants a variance from the provisions of section 13.2.1 and its referenced standards in order to allow the Applicant to maintain the existing tread and riser dimensions of the cited basement steps on the basis of structural hardship.
	18.. It is the understanding of the Board that the Applicant has corrected deficiency 18 to the satisfaction of the West Warwick Fire Marshal's office.
	19-21.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 19, 20 and 21 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	22.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 22 by properly treating the walls and removing the cited carpeting at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	23.  During the September 26, 2006 hearing on this matter, the Board was advised that the Applicant would provide this facility with an approved fire alarm system as outlined in the next section.  The Board was further advised that the Applicant would reduce the actual occupancy of this facility to one hundred forty (140) people and further provide the West Warwick Fire Marshal's office with approved architectural plans showing this structural reduction of occupancy.  Finally, the Board hereby grants a time variance of 120 days from the date of this decision in order to allow the Applicant to correct any of the remaining items listed in deficiency 23 if deemed necessary by the West Warwick Fire Marshal's office.

August 10, 2006 fire alarm report
	1-7.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 1, 2, 3, 4, 5, 6 and 7 as listed on the August 10, 2006 fire alarm compliance report, at the direction and to the satisfaction of the West Warwick Director of Fire Communications.

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)].