The above-captioned case was scheduled for hearing before a subcommittee of the Board on October 15, 2009 at 9:30 A.M.  At that time, Acting Chairman Jasparro and Commissioners Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Peter Marietti of the Warwick Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Dias to recommend to the full Board that it grant the Applicant the relief outlined herein.  The motion was unanimous.  
The above subcommittee recommendations were thereupon presented to the full Board on October 20, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Blackburn, Richard, Walker, Jasparro, Dias and Filippi were present.  A motion to approve the subcommittee recommendations was made by Vice Chairman Newbrook and seconded by Commissioner Walker.  The motion was unanimous.  Accordingly, the subcommittee determination has the status of a full Board decision.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 8, 2006 inspection report compiled by the Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the October 15, 2009 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the November 8, 2006 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, 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 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit plans to the Warwick Fire Marshal's office for the installation of an approved municipal fire alarm system throughout this facility.  The Board further grants the Applicant an additional 120 days from the date of this decision in order to implement those plans and install the municipal fire alarm system within this facility, at the direction and to the satisfaction of the Warwick Fire Marshal's office.  Finally, the Board hereby grants the Warwick Fire Marshal's office the ability to extend the above deadlines for good faith efforts being shown by the Applicant.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by properly maintaining and testing the standpipe within this facility at the direction and to the satisfaction of the Warwick Fire Marshal's office, and further directs the Applicant to provide the Warwick Fire Marshal's office with approved documentation confirming the maintenance and testing of the standpipe within a timetable designated by that office.  
	3.  During the October 15, 2009 subcommittee hearing on this matter, the Board was advised that the current occupancy of this facility was substantially below one hundred (100) people at all times.  The Board was further advised that the Applicant would not increase the occupancy above one hundred (100) and that he would be restricted in so doing by the fact that this is a non-conforming use under the local zoning ordinance.  Accordingly, the Applicant has requested a variance from being required to fully sprinkler the facility.  In light of the above, the Board hereby grants the Applicant a variance from the provisions of section 13.3.5.1 and its referenced standards in order not to provide this facility with full sprinkler coverage, conditioned upon the Applicants complete compliance with items 1, 2 and 4 of the November 8, 2006 inspection report, along with the Applicants agreement to maintain the maximum occupancy of this facility at one hundred (100) or fewer people.  Additionally, the Applicant is directed to notify any potential buyer of this facility that the sprinkler variance is contingent upon the above restrictions.  Finally, the Board notes that if there is a special situation in which the Applicant wishes to temporarily increase the occupancy of this facility, the Applicant must first receive approval by the Warwick Fire Marshal's office.  In light of the above, the Warwick Fire Marshal has no objection to the granting of this relief.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by properly testing and maintaining both the emergency lighting and exit signage within this facility at the direction and to the satisfaction of the 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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).