The above-captioned case was scheduled for hearing on October 3, 2006 at 1:00 P.M.  At that time, a subcommittee of the Board reviewed the case and compiled the recommendations outlined below for submission to the full Board.  The subcommittee recommendations were reviewed by the full Board on October 17, 2006.  At that time Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Newbrook, Pearson, Filippi and OConnell were present.  Commissioner Preiss recused himself from consideration of the subcommittee recommendations.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to approve the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion was unanimous.  The subcommittee recommendation now has the status of a full Board decision.  However, the Applicant may appeal this decision to the full Board as outlined below.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a December 17, 2004 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 3, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the December 17, 2004 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 120 days in order to provide this facility with approved emergency lighting installed at the direction and to the satisfaction of the Warwick Fire Marshal's office.
	2.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in which to provide this facility with approved exit signage, installed at the direction and to the satisfaction of the Warwick Fire Marshal's office.
	3.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 3, pursuant to one of the following three (3) methods, at the direction and to the satisfaction of the Warwick Fire Marshal's office.  The Applicant may correct this deficiency by providing domestically supplied sprinkler coverage on both sides of the existing apartment doors.  As an alternative, the Applicant may correct this deficiency by replacing the cited apartment doors in the existing apartment door jambs with solid core or steel doors having an approximate fire rating of twenty (20) minutes.  Finally, as a third alternative, the Applicant may provide the Warwick Fire Marshal's office with documentation that the existing apartment doors are certified by the manufacturer to be at least twenty (20) minute rated or that the Applicants engineer has certified the above doors as twenty (20) minute rated.  Regardless of the method of correction of this deficiency, the Applicant shall have 120 days from the date of this decision to comply in one of the above manners.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing a domestically supplied sprinkler head over the boiler of this facility.  The Board further advises both the Applicant and the Warwick Fire Marshal's office that the above domestically supplied sprinkler head does not need to be tied into the fire alarm system.  The Board further grants the Applicant a period of 120 days in which to provide the above sprinkler head over the boiler.
	5.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide each of the apartment units with approved fire extinguishers, installed 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 above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5, if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request, to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, 272 West Exchange Center (Suite 301), Providence, R.I. 02903.