The above-captioned case was scheduled for hearing on September 19, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Preiss, Filippi, OConnell and Newbrook were present.  Vice Chairman Burlingame and Commissioner Blackburn recused themselves from consideration of this case.  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 Newbrook and seconded by Commissioner Filippi 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 an August 16, 2005 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 September 19, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the August 16, 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 
	1-4.  It is the understanding of the Board that the Applicant will correct deficiencies 1, 2, 3 and 4 at the direction of their engineers and to the satisfaction of the Warwick Fire Marshal's office within 120 days of the date of this decision.  The Board hereby grants the Warwick Fire Marshal's office the discretion to extend the above deadline for good cause shown.
	5.  The Board hereby grants a variance from the provisions of section 39.3.1.1 in order to allow the Applicant to maintain the existing vertical openings in conjunction with approved sprinkler coverage.  Accordingly, the Board directs the Applicant to work with his engineer and the Warwick Fire Marshal's office to ensure proper coverage of this area.
	6.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 6 at the direction of his engineer and to the satisfaction of the Warwick Fire Marshal's office.  Again, the Warwick Fire Marshal's office is granted the discretion to extend the above time limit for good cause shown.
	7.  The Board hereby grants a variance from the provisions of section 7.2.2.5 in order to allow the Applicant to maintain the cited stairs in conjunction with the sprinkler system as outlined in item 5 above.
	8-12.  The Board hereby directs the Applicant to correct deficiencies 8, 9, 10, 11 and 12 at the direction of his engineer and to the satisfaction of the Warwick Fire Marshal's office within 120 days of the date of this decision.  Again, the Board grants the Warwick Fire Marshal's office the discretion to extend the above timeline for good cause shown.
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)].