The above-captioned case was scheduled for hearing on May 1, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Filippi, Pearson, OConnell, Jackson and Jaspparo were present.  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 Blackburn and seconded by Commissioner Richard and OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The number of the Decision below correspond with those of an April 17, 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 1, 2007 hearing on this matter.  Accordingly, The Board hereby incorporates the April 17, 2007 inspection report as its initial findings of fact.  Any modification of Boards finding, 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.	The Board hereby directs the Applicant to correct deficiency 1 by providing this facility with an approved local fire alarm system installed at the direction and to the satisfaction of the Warwick Fire Marshals Office, within a timetable established by Warwick Fire Marshals Office.
2.	The Board hereby directs the Applicant to provide this facility with approved exit signage and emergency lighting, installed at the direction and to the satisfaction of the Warwick Fire Marshals Office and with a timetable established by the Warwick Fire Marshals Office.
3.	The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with an approved portable fire Extinguisher, installed at the direction and to the satisfaction of the Warwick Fire Marshals Office and within a timetable established by the Warwick Fire Marshals Office.
4.	The board hereby directs the Applicant to correct deficiency 4 by providing the boiler with approved hazard protection at the direction and to the satisfaction and within a timetable established by the Warwick Fire Marshals Office.
5.	The Board hereby grants a variance from the provisions of section 38.3.5.1. in order to allow the Applicant to either provide a proper emergency means from the other levels of this facility at the direction at the direction and to satisfaction of the Warwick Fire Marshals Office or to provide this with approved sprinkler coverage instead of a second means of egress at the direction and to the satisfaction of Warwick Fire Marshals Office.
6.	The Board hereby directs the Applicant to correct deficiency 6 with an approved key lock box installed at the direction and to the satisfaction of the Warwick Fire Marshals Office and within timetable established by that office.
7.	The Board hereby directs the Applicant to correct deficiency 7 at the direction and to the satisfaction and within a timetable established by the Warwick Fire Marshals Office.  If the Warwick Fire Marshals Office is satisfied with the planned protection of the vertical opening, the Board shall also be satisfied with the plan.

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)].