The above-captioned case was scheduled for hearing on August 23, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Pearson and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshals Denis Larocque, David Pastore and John Peiczarck of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Preiss 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 May 5, 2005 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the August 23, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the May 5, 2005 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 directs the Applicant to correct deficiency 1 by providing this facility with an approved address number, installed at the direction and to the satisfaction of  the West Warwick Fire Marshals office on or before January 31, 2006.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing this gymnasium with approved additional portable fire extinguishers, installed at the direction and to the satisfaction of  the West Warwick Fire Marshals office, on or before January 31, 2006.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by adhering to the cited occupant load established by the West Warwick Fire Marshals office.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by properly maintaining the rear exit door of this facility.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by removing the storage in the main corridor of this facility, at the direction and to the satisfaction of the West Warwick Fire Marshals office.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by maintaining the emergency lights within this facility, at the direction and to the satisfaction of the West Warwick Fire Marshals office.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by maintaining the exit signage from this facility at the direction and to the satisfaction of the West Warwick Fire Marshals office.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by either providing the ceiling with an approved rating or addressing the penetrations within the ceiling, at the direction and to the satisfaction of the West Warwick Fire Marshals office on or before January 31, 2006.
	9.  The Board hereby directs the Applicant to correct deficiency 9 by leaving the clearance but providing a collar around the vents, installed at the direction and to the satisfaction of  the West Warwick Fire Marshals office on or before January 31, 2006.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by upgrading the fire alarm system of this facility on or before January 31, 2006.  Note the Board hereby directs the Applicant to provide the above corrections on or before January 31, 2006 as an outside deadline.  The Board expects the Applicant to identify and address the maintenance issues as soon as possible, at the direction and to the satisfaction of the West Warwick Fire Marshals office.  Finally, the Board shall leave this file and file number 050236 open in the event the Applicant or the West Warwick Fire Marshals office have further questions.

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)].