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
	During the July 16, 2009 hearing on this matter, the Board was advised by the West Warwick Fire Marshal's office that the Applicant had complied with the recommendations of that office and that the facility appeared to be in compliance with the code.  The Applicant, while given notice, did not appear at this hearing.  However, an abutting property owner appeared at the hearing and advised the Board that the recently installed municipally connected fire alarm system had a component that was affixed to the abutters building.  It was noted by the parties that this was not an acceptable installation and would therefore have to be rectified by the Applicant in order to have the fire alarm system be in full compliance.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In light of the above, and the fact that the Applicant could potentially be charged with a separate violation of the fire code as a result of the information being provided to the West Warwick Fire Marshal's office, the Board hereby grants the Applicant a time variance of 120 days from the date of this decision in which to remove the fire alarm conduit pipe that had been affixed to the abutting property owners building and to relocate this component of the fire alarm system to an area within the Applicants property line and within his control.

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.