The above-captioned case was scheduled for hearing before a subcommittee of the Board on October 15, 2009 at 9:30 A.M.  At that time, Acting Chairman Jasparro and Commissioners Dias and Filippi 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 Filippi and seconded by Commissioner Dias to recommend to the full Board that it grant the Applicant the relief outlined herein.  The motion was unanimous.  
The above subcommittee recommendations were thereupon presented to the full Board on October 20, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Blackburn, Richard, Walker, Jasparro, Dias and Filippi were present.  A motion to approve the subcommittee recommendations was made by Vice Chairman Newbrook and seconded by Commissioner Walker.  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 9, 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 October 15, 2009 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the January 9, 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, 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing this facility with an approved municipally connected fire alarm system.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing the four (4) units located on the second story of this facility with a second means of egress to the satisfaction of the Warwick Fire Marshal's office or to return to the Board for further review.  Specifically, the Board hereby grants the Applicant a period of thirty (30) days in which to develop plans for the correction of deficiency 2.  The Board further grants the Applicant an additional 120 days in order to execute the above plans, at the direction and to the satisfaction of the Warwick Fire Marshal's office.  Specifically, if the Warwick Fire Marshal's office is satisfied with the plans for the second means of egress from the four (4) second story units, the Board shall also be satisfied.
	3-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 3, 4, 5 and 6 at the direction and to the satisfaction of the Warwick Fire Marshal's office.
	7-8.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision to develop plans for the correction of deficiencies 7 and 8 at the direction and to the satisfaction of the Warwick Fire Marshal's office.  The Board hereby grants the Applicant an additional 120 days in which to implement those plans by sealing off the penetrations into the attic space inside the furnace closet located on the second story and by providing the shared egress doors with the minimum required fire rating, at the direction and to the satisfaction of the Warwick Fire Marshal's 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 Marshal's 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 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)).