The above-captioned case was scheduled for hearing on August 30, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richards, Blackburn, Preiss, Burlingame, Newbrook and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Larocque, Pastore and Peiczarck of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Richards 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 July 20, 2004 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 30, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the July 20, 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.-33.  The Board hereby grants the Applicant a time variance of 120 days from the August 30, 2005 hearing date in which to correct deficiencies, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33 as listed on the July 20, 2004 inspection report compiled by the West Warwick Fire Marshals office.  In directing the Applicant to comply, the Board further notes that the stairway cited in deficiency 19 shall be replaced by the Applicant with a new stairway, installed at the direction and to the satisfaction of the West Warwick Fire Marshals office and that the new stairway shall service a non-occupied storage room.  The Board further notes that the office occupancy on the second floor shall be relocated to the satisfaction of the West Warwick Fire Marshals office.  With regard to item 26, the Board notes that the Applicant shall provide the appropriate permits and approvals on the cited suppression system within the stated time frame.  With regard to item 30, the Board notes that the Applicant shall address this deficiency with its new stairway plans to the satisfaction of the West Warwick Fire Marshals office.  Finally, with regard to deficiency 33, the Applicant is directed to provide the requested documentation and to make any corrections, at the direction and to the satisfaction of the West Warwick Fire Marshals office, within the above 120 day time frame.

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)].