The subject buildings were before the Board on two (2) prior occasions, once on October 11, 1988 and again on September 18, 2007.  The most recent decision covering this property was thereupon issued on February 14, 2008.
By letter dated August 29, 2013, the Applicants engineer advised the Board that the Applicant sought a modification to the last decision in order to replace certain smoke detection with heat detection, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.  The Applicants request was scheduled for hearing on September 17, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Thornton, Jackson, Sylvester, Burlingame and Richard were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal James Bobola of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Booth to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original February 14, 2008 decision covering these facilities as its initial findings of fact.  The Board further finds, as outlined in the Applicants August 29, 2013 letter, that the parties have experienced a series of nuisance alarms being generated from the smoke detection located in the utility sheds within this complex.  The Board further finds that the Applicant and the West Warwick Fire Marshals Office wish to replace the utility shed smoke detection with approved heat detection in order to avoid future nuisance alarms.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance in order to allow the Applicant to replace the existing smoke detection within the utility sheds of this complex with approved heat detection as outlined in the August 29, 2013 letter from Hughes Associates, Inc., at the direction and to the satisfaction of the West Warwick Fire Marshals Office.  The Board further grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the above replacement to the West Warwick Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action to replace the smoke detection in the utility storage sheds with approved heat detection.

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)].