The above-captioned case was scheduled for hearing on June 21, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Burlingame, Sylvester, Jasparro and Dias 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 Dias and seconded by Vice Chairman Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an April 2, 2008 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 June 21, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the April 2, 2008 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the state fire code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
1.	During the June 21, 2011 hearing on this matter, the Board was advised that the Applicant maintained a partial subdivision within this facility. The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision in which to submit a plan of action to the Warwick Fire Marshals Office for the completion the subdivision of this four thousand two hundred (4,200) square foot facility into two (2) separate units. The Board hereby grants the Applicant an additional time variance of one hundred twenty (120) days in which to complete the above subdivision at the direction and to the satisfaction of the Warwick Fire Marshals Office. Upon completion of the subdivision, the Board has determined that a fire alarm system will not be required for this Applicant in the current occupancy. Any newly proposed occupancy of this facility would have to be first reviewed and approved by the Warwick Fire Marshals Office.    


STATUS OF DECISION AND APPEAL RIGHTS
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)].