The above-captioned case was scheduled for hearing on September 18, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Preiss, Blackburn, Walker, Pearson, Richard and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshals Pastore and Boisclair of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioners Walker and Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the September 18, 2007 hearing on this matter, the Board was advised and finds that this is an industrial occupancy.  The Board was further advised and finds that the Applicant has requested to install a 15,000 gallon above ground 6 fuel oil tank at this facility.  The Board was further advised and finds that the location of the proposed tank is adjacent to the boiler room for the manufacturing plant.  The Board was further advised and finds that the Applicant and the West Warwick Fire Marshal's office conducted an on-site review at the facility.  The Board was further advised and finds that the proposed tank shall be one foot (1) from the building.  The Board was further advised and finds that the Applicant shall extend the CMU wall to protect the gas service main and the windows of this facility facing the tank shall be blocked with CMU.  In light of the above, the Board finds that the West Warwick Fire Marshal's office has no objection to the requested relief.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 66.2.3.2.1.1(b) in order to allow the above described ground storage tank to be located less than five (5) feet from this building in accordance with the conditions outlined above.  In granting this relief, it is the understanding of the Board that the West Warwick Fire Marshal's 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)].