The above-captioned case was scheduled for hearing on April 9, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Richard, Jasparro and Dias were present and the hearing was initially heard by a subcommittee of the Board.  The fire service was represented by Lt. John Dolan of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Dias to recommend the relief granted herein to the full board.  The motion was unanimous.  Subsequently, with the arrival of Commissioner Walker, the subcommittee recommendations were immediately taken up by the full Board.  Accordingly, a motion to accept the subcommittee recommendations was made by Commissioner Walker and seconded by Commissioner Jasparro.  The motion was unanimous.  Accordingly, the subcommittee recommendations heard earlier by the Board are now approved as a full decision of the Board.

FINDINGS OF FACT
	During the April 9, 2013 hearing on this matter, the Board was advised and finds that the owner has leased this facility to the Tunstall Group and that the tenant is renovating the facility to suit their requirements.  The Board was further advised that the tenant operation is a business use and that there will be no change in use or occupancy.  The Board was further advised that during the production of the construction documents for renovations, engineering consultants discovered that the existing sprinkler system was in apparent violation of the provisions of section 8.6.4.1.1.1 of NFPA 13, 2010 edition.  Specifically, the existing sprinkler system has heads which exceed the current twelve-inch maximum distance from the existing ceiling of this facility.  The Board further finds that the Pawtucket Fire Marshals Office has no objection to the variance request allowing the Applicant to maintain the existing construction configuration of the sprinkler system within this facility.  

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance from the provisions of section 8.6.4.1.1.1 of NFPA 13, 2010 edition as referenced in NFPA 1 and 101 in order to allow the Applicant to maintain the existing distance of the sprinkler heads of this facility from the existing ceiling of this facility.  In granting this relief, it is the understanding of the Board that the Pawtucket Fire Marshals Office has no objection.

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)].