The above-captioned case was scheduled for hearing on May 15, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Jackson and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Potter of the Warwick Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Jackson 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 28, 2007 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 May 15, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the March 28, 2007 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.	During the May 15, 2007 hearing on this matter, the Board was advised that the third level of this facility was actually a non-occupied attic space with high ceilings.  The Board was further advised that this space has no heating or plumbing and that it shall not be occupied.  In light of the above, the Warwick Fire Marshals Office had no objection to allow the Applicant to maintain a local fire alarm system within this facility.  The Applicant advised the Board that a Local fire alarm system had been installed and upgraded in accordance with the code.  Accordingly, it is the understanding of the Board that the Applicant had corrected deficiency 1.
2.	The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the required domestically supplied sprinkler heads over the heating system of this facility.
3.	The Board hereby grants a variance from the provisions of section 37.2.8 in order to allow the Applicant not to provide approved emergency lighting and exit signage in the unoccupied third floor of this facility.
4.	The Board hereby grants a variance from the provisions of section 37.2.4 in order to allow the Applicant not to provide a second means of egress from the unoccupied third floor of this facility.  In the event that the floor is to be occupied the Applicant shall first bring the third floor of this facility fully up to code.
5.	The Board hereby grants a variance from the provisions of sections 37.2.2.3.3 and 7.2.2.2.4 in order to allow the Applicant to maintain the existing winding front egress stair within this facility.
6.	The Board hereby grants a variance from the provisions of section 7.2.2.4.3 in order to allow the Applicant to maintain the existing cited winding stairs.  This variance is based on structural hardship.
7.	The Board hereby grants a variance from the provisions of section 37.2.2.2.7 in order to allow the Applicant to maintain the existing swing of the cited front door of this facility.  This variance is based on structural hardship, limited occupancy and the fact that to re-swing the door would swing it out over a handicap ramp.
8.	The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 8 by providing the cited doors with approved hardware installed at the direction and to the satisfaction of the Warwick Fire Marshals Office.
9-11.  It is the understanding of the Board that the Applicant has corrected deficiencies 9, 10            and 11 at the direction and to the satisfaction of the Warwick Fire Marshals Office.
12.	 During the May 15, 2007 hearing on this matter, the Board was advised that the Applicant had corrected deficiency 12 with the exception of the front door of this facility.  Accordingly, the Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to equip the front door of this facility at the direction and to the satisfaction of the Warwick Fire Marshals Office.
13.	 The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 13 at the direction and to the satisfaction of the Warwick Fire Marshals Office.
14.  During the May 15, 2007 hearing on this matter, the Board was advised that this facility has been converted into a mercantile occupancy in approximately 1954.  Accordingly, the Board finds that a sprinkler system would not be required for this occupancy.

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)].