The above-captioned case was scheduled for hearing on December 6, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Pearson, Filippi and Richard were present.  The fire service was represented by Chief Paul Labbadia and Assistant Deputy State Fire Marshals John Jasper and Carlo Jackvone of the Johnston Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Vice Chairman Coutu to deny the Applicants requested relief from the installation of a radio box in order to provide municipal supervision of the sprinkler system within this facility.  The motion to deny was unanimous.
FINDINGS OF FACT
	During the December 6, 2005 hearing on this matter, the Board was advised and finds that this is a 6,600 square foot one-story non-combustible facility utilized strictly for office and motor vehicle display space.  The Board was further advised that the construction type of this facility mandated that a sprinkler system and hydrant be installed.  The Board was further advised and finds that there would probably be ten (10) to twenty (20) people in this facility at any one time.  The Board was further advised and finds that the sprinkler system of this facility would be deemed required because the sprinkler heads have been designed to also function as part of the required fire alarm system of this facility.  The Board further finds that the term supervised as found in the Rhode Island Uniform Fire Code section 13.8.10.5.6 requires that installed sprinkler systems shall be municipally connected.  Finally, the Board finds that by Town Ordinance 988, the Town of Johnston has directed that all municipal connections shall be through radio box communications directly with the fire department.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  During the December 6, 2005 hearing on this matter, the Board determined that all sprinkler systems are required to be supervised and that the method of supervision is outlined in RIUFC 13.3.1.7.2.  The Board notes that this section provides a range of municipal connections reflecting the diversity of municipal connection options available in the various cities and towns.  The Board notes that this section has never been interpreted to provide for a third party monitoring of a fire protection or detection system due to the possibility of a delay in response to the facility by the local fire department.  Accordingly, all such municipally connected systems have direct ties to the municipality in which they are located.
	In light of the fact that the Town of Johnston has required radio box communication exclusively to the Fire Department, the Board hereby denies the Applicants requested relief to provide municipal supervision by an independent monitoring company.  In light of the storage within the subject facility, along with the vehicles located within close proximity to this building, the Board notes that time is of the essence in responding to any incident at this facility.  Accordingly, allowing an additional link in the communication system to the Fire Department is not an acceptable alternative in this case.

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)].