The above-captioned case was scheduled for hearing on August 16, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Burlingame, 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 Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the August 16, 2005 hearing on this matter, the Board was advised and finds that the Applicant wishes to utilize the basement of this facility as an office extension of the existing first floor office.  The Board was further advised and finds that the first floor office abuts an existing one-family dwelling.  The Board was further advised and finds that the second floor apartment of this facility has been removed and will be used as incidental storage for the business occupant.  The Board was further advised and finds that the first floor apartment shall be segregated from the business office with a one-hour assembly provided by UL design L209.  The Board was further advised and finds that the basement has a direct exit to the exterior in addition to a one-hour rated stairwell at the lower level.  Finally, it is the understanding of the Board that a local fire alarm system shall be provided in accordance with the code at the direction and to the satisfaction of the Warwick Fire Marshals office.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance in order to allow the Applicant to utilize the basement of this facility as an office extension from the existing first floor use.  In granting this variance, the Board directs the Applicant to segregate the first floor apartment from the business office at the basement level utilizing the proposed UL design L209 one-hour assembly.  The Board further directs the Applicant to provide this entire facility with an approved fire alarm system, installed at the direction and to the satisfaction of  the Warwick Fire Marshals office and to maintain limited storage occupancy of the second story 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)].