The above-captioned case was scheduled for hearing on October 17, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Newbrook, Preiss, Pearson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Arthur Lowe of the Warwick Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this facility has a footprint of approximately fifty four feet by sixty one feet.  The Board further finds that this facility is a wood frame structure to be utilized as a doctors office.  The Board further finds that the second floor of this facility is approximately nine hundred fifty three square feet in area and maintains offices with an occupant load with ten (10) or fewer people.  The Board further finds that the first floor of this facility contains examination rooms and a reception area including waiting space.  The Board further finds that first floor measures approximately 3,294 square feet in area and has a potential occupant load of thirty-three (33) people.  The Board further finds that this facility is not sprinklered, however it shall be fully alarmed.
It is the understanding of the Board that the Warwick Fire Marshal's office has found two (2) deficiencies as a result of the plan review of this facility.  The first deficiency is that a single exit services the second floor of this facility.  The second deficiency is that heating units proposed for this facility are required to be enclosed by one-hour construction or sprinklered.  Further, the Board finds that there shall be no public occupancy on the second floor of this facility and that the second floor shall be limited only to occupancy by staff.  The Board further finds that the proposed exit on the second floor shall be a one-hour fire rated stairwell.  Finally, the Board was advised by the Applicant that the facility shall always be limited to a single tenant.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In light of the above, the Board hereby grants the Warwick Fire Marshal's office the authority to approve a supplemental plan of action for the correction of the above deficiencies within this facility at their direction and to their satisfaction.  Specifically, the Warwick Fire Marshal's office is authorized to provide the Applicant with reasonable relief while ensuring the safety of the occupants of this facility.

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)].