The above-captioned case was scheduled for hearing on January 11, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Pearson, Jasparro, Dias and Filippi 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 Richard and seconded by Commissioner 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 a March 30, 2006 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 January 11, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the March 30, 2006 inspection report as its initial findings of fact.  The Board further finds that since the issuance of the above report, the Applicant has converted this building into a single tenant occupancy.  The Board was further advised and finds that approximately twenty-two (22) people would be the maximum occupancy of this facility.  The Board further finds that the facility is less than ten thousand (10,000) square feet.

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 submit a plan of action for the upgrade of the fire alarm system of this facility including the provision for municipal connection, at the direction and to the satisfaction of the Warwick Fire Marshals Office.  The Board further grants the Applicant an additional time variance of 120 days in order to implement the above plan of action at the direction and to the satisfaction of the Warwick Fire Marshals Office.  In consideration of the Applicants upgrade and municipal connection of the fire alarm system, the Warwick Fire Marshals Office has recommended that sprinkler coverage not be required.  The Fire Board hereby accepts the Warwick Fire Marshals recommendation and will not require sprinklers for this facility as long as it remains a single-tenant occupancy as described above.  In the event the Applicant changes the occupancy configuration of this facility or increases the intensity of use, he is directed to initially review these changes with the Warwick Fire Marshals Office to determine whether additional safeguards are necessary.
	2-7.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3, 4, 5, 6 and 7 at the direction and to the satisfaction of the Warwick Fire Marshals Office.

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)].