The above-captioned case was scheduled for hearing on December 4, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Filippi, Walker, Preiss, Blackburn, Richard, Jackson and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Potter of the Warwick Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a December 14, 2006 plan review 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 December 4, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the December 14, 2006 plan review report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).
	The Board further finds that the subject facility is a family owned and operated riding stable that is utilized for some storage.  The Board further finds that the facility has no power, no light and no heat.  In light of the above, the Board finds that the Applicant is seeking relief from the requirement to install a fire alarm system in this facility and to further install emergency lighting.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  It is the understanding of the Board that the Applicant shall correct deficiency 1 by providing approved egress to the subject addition.
	2.  The Board hereby grants a variance from the provisions of section 42.3.4.1 in order to allow the Applicant not to provide this facility with a fire alarm system as long as it is limited to family use only and as long as the facility has no power, no lighting and no heat.  In the event that any of the above conditions change or the use changes, the Board directs the Applicant to immediately bring this facility up to code and to provide the above fire alarm coverage at the direction and to the satisfaction of the Warwick Fire Marshal's office.
	3.  The Board hereby grants a variance from the provisions of section 42.2.10 in order to allow the Applicant not to provide this facility with externally illuminated exit signage or emergency lighting in light of the conditions and subject to the restrictions outlined in item 2 above.
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)].