The above-captioned case was scheduled for hearing before a subcommittee of the Board on July 16, 2009 at 9:30 A.M.  At that time, Acting Chairman Jasparro and Commissioners Dias and Jackson were present.  The fire service was represented by Assistant Deputy State Fire Marshals Scott Perkins, Christopher Heon and David Pimental of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioner Dias to accept the determination of the West Warwick Fire Marshal's Office that the facility was in compliance and to close the file accordingly.  The motion was unanimous.
The above recommendation was thereupon presented to the full Board on July 21, 2009.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Jackson, Preiss, Walker and Jasparro were present.  A motion was made by Commissioner Walker and seconded by Vice Chairman Newbrook to adopt the subcommittees recommendation and to grant the relief therein.  The motion was unanimous.

FINDINGS OF FACT
	During the July 16, 2009 subcommittee hearing on this matter, the Board had before it a March 16, 2006 inspection report.  The Board hereby adopts the inspection report as its initial findings of fact.  Thereupon, the Board was advised by the West Warwick Fire Marshal's office that the facility is currently in compliance.  Accordingly, it is the understanding of the Board that all of the deficiencies outlined on the March 16, 2006 inspection report have been corrected by the Applicant or are no longer applicable to this facility.  In light of the above, the Board finds that the West Warwick Fire Marshal's Office has recommended that this file be closed.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby closes the above captioned file pursuant to the determination of the West Warwick Fire Marshal's Office that this facility is currently in compliance with the code.
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 subcommittee recommendations within thirty (30) days of the mailing date of this decision by filing an appeal to the entire Fire Board for review, pursuant to R.I.G.L. 23-28.3-5(b)(4).  In the absence of a timely appeal, the subcommittee recommendations shall have the status of a full Board decision.