The above-captioned case was scheduled for hearing on July 26, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairman Filippi and Commissioners Richard, Burlingame, Jasparro, Walker, Pearson 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 Walker and seconded by Commissioner Jasparro to grant the Applicant the limited relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a June 1, 2011 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 July 26, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the June 1, 2011 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.  

The Board specifically finds that since the historic flooding of this facility, the Applicant has been unable to occupy it.  The Board finds that the Applicant is requesting relief in order to secure this facility at the direction and to the satisfaction of the Warwick Fire Marshals Office and to be allowed to temporarily decommission the fire alarm and sprinkler system of this facility.  The Applicant has proposed that twice a day he maintain a roving fire watch of this facility.  The Applicant and the Warwick Fire Marshals Office have agreed that in the event of an incident, the Fire Department will not enter the building, but will address the fire situation from the exterior.  The Applicant has advised and the Board finds that this facility is approximately thirty (30) feet from an adjoining facility.  However, the Board further finds that there are no windows in this area and that the building at this point is all masonry construction.
	The Warwick Fire Marshals Office appeared and recommended that the Applicant apply to the Board with the above plan of action in light of the fact that access is extremely limited to this facility.  The plan would be that the Applicant would be granted one (1) year to allow the systems within this vacated facility to be decommissioned.  The parties would return at the end of that year to determine the appropriate course of action at that time.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of one (1) year from the date of this hearing to allow the sprinkler and fire alarm systems of this vacated facility to remain out of service.  As a condition of this time extension, the Board directs the Applicant to maintain no occupancy within this facility and to further secure this facility at the direction and to the satisfaction of the Warwick Fire Marshals Office.  The Board further directs the Applicant to maintain an approved fire watch twice a day at the direction and to the satisfaction of the Warwick Fire Marshal Office.  As a further condition of this variance, the Applicant and the Warwick Fire Department have agreed that in the event of an emergency, the Warwick Fire Department will not be required to enter this building but will address the incident from the outside.  At the end of the above year, the Warwick Fire Marshals Office shall advise the Board and the parties shall return for further review to determine whether or not this time line should be extended.  This variance is being granted due to the limited access to the building, the fact that the existing systems were taken off line as a result of historic flooding, and the fact that the Warwick Fire Marshals Office has no objection to the above plan of action.

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)].