The above-captioned case was scheduled for hearing on July 22, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Preiss, Filippi, Walker, Blackburn, Richard and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook and Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	Upon review of the documentation submitted during the July 22, 2008 hearing and the testimony taken, the Board finds that this facility can be classified as industrial storage with a two-story office area.  The Board further finds that the industrial storage area is approximately 570,985 square feet and that the two-story office area is approximately 128,194 square feet.  The Board further finds that the walls are reinforced concrete with a concrete roof with tar and gravel.  The Board further finds that there are four (4) areas that are occupied at this time.  The Board further finds that the building is approximately ninety percent sprinklered but that the fire alarm system is not in full compliance with the code.
	The Board finds that this facility is the former Brown and Sharpe Complex and that the facility is approximately fifty-five percent occupied as of the date of the hearing.  The Board finds that the Applicant and the North Kingstown Fire Marshal's office have agreed to upgrade the fire protection within this facility and have further agreed to a plan of action with timelines.  The Board finds that part of the plan would be for the Applicant to immediately provide an approved fire alarm panel and radio box which would be accomplished within 180 days.  The Board further finds that the remainder of the fire alarm system and fire alarm upgrades are projected to be completed on or before January 1, 2010.  Finally, the Board finds that the Applicant proposes to do the occupied areas first and to provide this coverage to the new tenant spaces prior to their occupancy of these spaces.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant an initial time variance of 180 days to immediately upgrade the fire alarm system of this facility by providing an approved functioning panel and radio box installed at the direction and to the satisfaction of the North Kingstown Fire Marshal's office.  The Board further grants an additional time variance to allow the Applicant to bring the remainder of this facility into full compliance with the fire code and the fire alarm code on or before January 1, 2010.  As a condition of this time variance, the Board directs that the occupied spaces of this facility should be initially be brought into full compliance with the fire alarm code at the direction and to the satisfaction of the North Kingstown Fire Marshal's office.  The Board further directs that as new tenants move into this facility that their space be upgraded prior to their occupancy of the facility.  Finally, pursuant to the request of the North Kingstown Fire Marshal, and as a condition of the variances herein, the Board directs that as a condition of the sale of this facility, the owner assure that any new owner of this facility would continue to upgrade the fire alarm system of this facility in accordance with the above plan of action and the above time limits.

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 commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].