The above-captioned case was scheduled for hearing on January 8, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Pearson, Jasparro, Jackson, Sylvester, Burlingame and Blackburn were present.  Vice Chairperson Filippi recused herself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals James Bobola and Albert Zinno of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	Based upon the documentation submitted and the testimony taken during the January 8, 2013 hearing on this matter, the Board finds that the subject complex is protected with sprinkler coverage that is supplied both by the public water supply and a mill pond.  The Board further finds that the mill pond component of the sprinkler system water supply has been compromised due to the accumulation of silt and other materials in the mill pond.  The Board further finds that the silt and other materials have accumulated as a result of run-off from both State and Town roads.  The Board further finds that the Applicant has been in negotiations with the Town and others to develop a plan of action for the dredging of the mill pond.  The Board further finds that the Applicant has been in discussions with the West Warwick Fire Marshals Office with regard to a plan of action that would provide a separate public water supply line to this facility.  The Board finds that providing a separate water supply line would create a sufficient supply of water to operate the sprinkler system within this complex.
	The Board finds that the Applicant will need time to complete the engineering on this project and lay the new supply line.  The Board further finds that the Applicant may have to wait for an additional period of time before being provided with a permit to tie into the additional public water source.  The Board finds that the West Warwick Fire Marshals Office is in agreement with the plan of action and recognizes the need for additional time in order to complete this plan of action.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a preliminary plan of action for the alternative public water supply to the sprinkler system within this complex.  The Board further grants the Applicant an additional 150 days in order to implement this plan of action, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.  Finally, the Board notes that the West Warwick Fire Marshals Office has the authority to extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant.

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)].