The above-captioned case was scheduled for hearing on March 6, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Newbrook, Preiss, Pearson, Filippi and Blackburn were present.  Vice Chairman Burlingame recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Peter Marietti  and Arthur Lowe of the Warwick Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook 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 March 31, 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 March 6, 2007
 hearing on this matter.  Accordingly, the Board hereby incorporates the March 31, 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, 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
	
1-2.	The Board hereby grants the Applicant a time variance of ninety (90) days from the date of the decision in which to correct deficiencies 1 and 2 by providing this facility with an approved fire alarm system installed at the direction and to the satisfaction of the Warwick Fire Marshals Office and by providing test reports on that system to the Warwick Fire Marshals Office.  The Board hereby grants the Warwick Fire Marshals Office the ability to extend the above deadline for good faith efforts being shown.
3.	The Board hereby grants a variance from the provisions of section 13.1.6 in order to allow the Applicant to provide a domestic sprinkler heard over the boiler of this facility and to further segregate the basement with the installation of a twenty (20) minute door installed at the direction and to the satisfaction of the Warwick Fire Marshals Office within ninety (90) days of the date of this decision.
4-15.	The Board hereby directs the Applicant to correct deficiencies 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 at the direction and to the satisfaction of the Warwick Fire Marshals Office within ninety (90) days of the date of this decision.  The Board hereby grants the Warwick Fire Marshals Office the ability to extend the above deadline for good faith efforts being made by the Applicant.
16-17.	The Board hereby grants a variance from the provisions of sections 7.5.2.1 and 13.3.1 in order to allow the Applicant to segregate the second floor of this facility by providing a second floor egress with two (2) solid core doors installed at the direction and to the satisfaction of the Warwick Fire Marshals Office within ninety (90) days of the date of this decision.  The Board further directs that there shall be no public occupancy on the second floor of this facility as a condition of this relief.  Finally, the Warwick Fire Marshals Office is authorized to extend the above deadline for good faith effort being made by the Applicant.
18-21.	The Board hereby directs the Applicant to correct deficiencies 18, 19, 20, and 21 at the direction and to the satisfaction of the Warwick Fire Marshals 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)].