The above-captioned case was scheduled for hearing before a subcommittee of the Board on November 18, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Dias 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 Richard 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 recommendations were thereupon presented to the full Board on November 23, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Walker, Richard, Dias and Pearson 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 March 1, 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 November 18, 2010 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the March 1, 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.  During the November 18, 2010 subcommittee hearing on this matter, the Board was advised that the subject facility is utilized exclusively as a Post Office with an average of two (2) people on duty and with no overnight occupancy.  The Board was further advised that the facility is primarily storage.  In light of the above, the Board hereby grants a variance from the provisions of section 37.3.4.1 in order to allow the Applicant not to provide this facility with a fire alarm system as long as it maintains this limited occupancy as an active Post Office.  In the event the occupancy is changed and a fire alarm system may be required for future occupancy, the Board shall allow the parties to return for further review.
	2.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to provide testing and maintenance for the exit signage and emergency lighting throughout this facility.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by properly testing the portable fire extinguishers in accordance with the code.
	4.  In light of the discussion outlined in item 1 above with regard to the fire alarm system, the Board also grants a variance in order to allow the Applicant not to maintain an approved fire department key access box on this facility.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing domestic sprinkler head coverage on the boiler room of this facility, at the direction and to the satisfaction of the Warwick Fire Marshals Office.  Finally, the Board notes that the Warwick Fire Marshals Office may extend any or all of the above timelines granted for the repair and maintenance of the emergency lights and exit signage for good faith efforts being shown by the Applicant.

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)).