The above-captioned case was scheduled for hearing on January 11, 2005.  At that time, acting Chairman Coutu and Commissioners Preiss, Newbrook, Evans, Burlingame, Filippi and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Pastore of the West Warwick Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss to deny 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 15, 2004 inspection report compiled by the West Warwick Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshal’s Office during the January 11, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the July 15, 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

Items 1 through 20. During the January 11, 2005 hearing on this matter, the Board was advised that Applicant was working closely with the West Warwick Fire Marshal’s Office and is in the process of correcting deficiencies 1 through 20.  Accordingly, the Board directs the Applicant to continue to work with the West Warwick Fire Marshal’s Office and to correct deficiencies 1 through 20 within a timetable established by that office.

21. During the January 11, 2005, hearing on this matter, the Board was provided with samples of the interior wall and ceiling finish of this facility.  It was determined by the Board that, due to the combustible nature of this material, it would be difficult to upgrade to a class “A” finish.  Accordingly, the Board hereby denies the Applicant’s original request for variance to be allowed to maintain the existing material.  The Board further grants the Applicant a time variance of 120 days from the date of this decision in which to correct this deficiency at the direction and to the satisfaction of the West Warwick Fire Marshal’s Office.  Finally, the Board notes that one alternative to compliance would be to provide the existing cited interior walls and ceilings with a layer of sheet rock and that sheet rock could be a minimum of 3/8 inches thick.

22 through 25. The Board hereby directs the Applicant to continue to work with the West Warwick Fire Marshal’s Office in correcting deficiencies #22, 23, 24 and 25 to the satisfaction of that office.

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 Board’s 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)].