The above-captioned case was scheduled for hearing on March 23, 2004 at 1:00 P.M.  At that time, a subcommittee of the Board consisting of Chairman Farrell and Commissioners Evans, Burlingame and Coutu were present.  Commissioner Preiss recused himself from consideration of this matter.  The fire service was represented by Assistant Deputy State Fire Marshal John Campopiano of the Warwick Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Coutu 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 February 10, 2004 inspection  report compiled by the Warwick Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Warwick Fire Marshal’s Office during the March 23, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the February 10, 2004 inspection report as its initial findings of fact.  Any modification of the Board’s 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 the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants a variance from the provisions of table 7.2.2.2.1 in order to allow the Applicant to maintain the existing dimension, configuration and winding nature of the cited stairs to the second floor of this facility.
	
2. During the March 23, 2004 hearing on this matter, the Board was advised that the Applicant would be unable to correct deficiency #2 due to problems with set backs, parking lots and other issues.  Accordingly, the Board hereby grants a variance from the provisions of 39.2.4.1(2) in order to allow the Applicant to maintain the existing egress from the limited occupancy second floor of this facility.  In granting this variance, it is the understanding of the Board that the second floor would be limited to a maximum of six (6) people at any one time and that the Warwick Fire Marshal’s Office had no objection.
	
3. The Board hereby directs the Applicant to correct deficiency #3 by providing this facility with approved exit signage at the egress doors installed at the direction and to the satisfaction of the Warwick Fire Marshal’s Office, within 120 days from the date of this decision.
	
4. 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 unenclosed egress stairs from the second level of this facility.  In granting this variance, the Board directs the Applicant to provide this unenclosed stairs with an approved system of domestic sprinkler heads, properly engineered and installed at the direction and to the satisfaction of the Warwick Fire Marshal’s Office, within 120 days from the date of this decision.
	
5. The Board hereby directs the Applicant to correct deficiency #5 by providing the cited furnace room with an approved enclosure installed at the direction and to the satisfaction of the Warwick Fire Marshal, and to further provide the furnace room with an approved remote shut off switch also installed at the direction and to the satisfaction of the Warwick Fire Marshal.  The Applicant shall have 120 days from the date of this decision to correct this deficiency.
	
6. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Warwick Fire Marshal or designee, within 120 days from the date of this decision.

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 Applicant’s 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 Board’s 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 subcommittee’s recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].