The above-captioned case was scheduled for hearing before a subcommittee of the Board on March 22, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Walker and Dias 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 Dias and seconded by Commissioner Walker to recommend that the Board grant the Applicant relief as outlined herein.  The motion was unanimous.

The above recommendations were thereupon consolidated with the subcommittee recommendations heard on March 17, 2011 and were presented to the Board on March 29, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Pearson, Jasparro, Dias and Walker were present.  A motion to approve the subcommittee recommendations was made by Commissioner Walker and seconded by Commissioner Pearson.  The motion was unanimous.  Accordingly, the subcommittee determination has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a January 15, 2008 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 March 22, 2011 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the January 15, 2008 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 March 22, 2011 subcommittee hearing on this matter, the Board was advised that this facility maintains a current, functioning local fire alarm system.  However, the Board was further advised that the above system requires supervision based on the size of this facility and use.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans to the Warwick Fire Marshals Office for the upgrade of the fire alarm system to a municipally connected system.  The Board further grants the Applicant an additional 120 days in order to implement the above plans, at the direction and to the satisfaction of the Warwick Fire Marshals Office.  Finally, the Board hereby grants the Warwick Fire Marshal the authority to extend the above deadlines up to one year from the date of this decision.
	2-7.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3, 4, 5, 6 and 7 to the satisfaction of the Warwick Fire Marshals Office.
	8.  The Board hereby grants a variance from the provisions of section 39.3.1.1 and its referenced standards in order to allow the Applicant to maintain the existing unprotected vertical opening from the Office space on the second floor to the street level of this facility.  This variance is conditioned upon the Applicants maintaining his current operation and limiting the occupancy to one or two people who are allowed in through the Applicants security network.  In the event the Applicant modifies the use, occupancy or intensity of occupancy of this area, the Warwick Fire Marshals Office may require additional safeguards in this area.  In the event additional safeguards are required, the Applicant is free to re-petition the Board for further review.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9.  The Board hereby directs the Applicant to provide verification of the correction of deficiencies 2, 3, 4, 5, 6, 7 and 9 to the Warwick Fire Marshals Office within thirty (30) days of the date of this decision.

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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).