The above-captioned case was scheduled for hearing on October 27, 2009 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Filippi, Preiss, Blackburn, Jasparro, Dias, Walker and Richard 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 Walker and seconded by Commissioner Blackburn 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 June 28, 2006 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 October 27, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the June 28, 2006 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.	During the October 27, 2009 hearing on this matter, the Board directed the Applicant to either properly separate and reduce the square footage of the portion of the facility he is occupying, or to provide this facility with an approved fire alarm system, at the direction and to the satisfaction of the Warwick Fire Marshals Office.  Accordingly, the Board hereby grants the Applicant an initial time variance of thirty (30) days from the date of this decision in which to present the Warwick Fire Marshals Office with a plan of action for either the reduction of the square footage of this facility to below 2,500 square feet or his plans to install a fire alarm system.  The Board shall further grant the Applicant an additional 120 days from the above thirty-day deadline in which to implement one of the above plans at the direction and to the satisfaction of the Warwick Fire Marshals Office.
2.	The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with an approved fire department key access box installed at the direction and to the satisfaction of the Warwick Fire Marshals Office within the above time variance periods.
3.	The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with additional emergency lighting as well as a record of the maintenance and testing of all of the emergency lighting within this facility.  The Board hereby directs the Applicant to make the above corrections within the time lines outlined in item 1, at the direction and to the satisfaction of the Warwick Fire Marshals Office.
4.	The Board hereby directs the Applicant to correct deficiency 4 by providing approved panic hardware on the designated exits, at the direction and to the satisfaction of the Warwick Fire Marshals Office, within the time lines outlined in item 1 above.
5.	The Board hereby directs the Applicant to correct deficiency 5 by properly inspecting and maintaining the cited portable fire extinguishers throughout the building, at the direction and to the satisfaction of the Warwick Fire Marshals Office, within the time lines outlined in item 1 above.

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)].