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 Jackson and Dias 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 Dias and seconded by Commissioner Jackson to recommend to the full Board that it grant the Applicant relief as outlined herein.  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
	The numbers of the decision below correspond with those of an April 13, 2006 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 Marshals Office during the July 16, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the April 13, 2006 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 
	1-10.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  
	11.  The Board hereby grants a variance in order to allow the Applicant to provide the fire escape system of this facility with a modified window installed at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  Specifically, the Applicant is granted a time variance of thirty (30) days from the date of this decision in which to develop a plan for the installation of a modified window.  The Applicant is granted an additional 120 days in which to implement the above plan.  The Board notes that if the West Warwick Fire Marshal's office is satisfied with the proposed window, then the Board shall also be satisfied and the window shall be deemed acceptable.
	12-15.  It is the understanding of the Board that deficiencies 12, 13, 14 and 15 were either corrected by the Applicant or were not applicable in this case. 

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.