The above-captioned case was most recently scheduled for hearing on June 7, 2005 at 1:00 P.M.  At that time, a subcommittee of the Board consisting of Chairman Farrell, Vice Chairman Coutu and Commissioners Newbrook and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Murphy of the Tiverton Fire Marshal’s Office.  A motion was thereupon made by Commissioner Coutu and seconded by Commissioner Filippi to recommend to the full Board the plan of action outlined herein.  Accordingly, the Board approved the plan of action outlined below during its June 14, 2005 hearing.

FINDINGS OF FACT
	
The Board hereby adopts its original findings of fact in file number 020053, 020053A and 020053B as its initial findings of fact in this case.  In addition, the Board was advised and finds that the Applicant and the Tiverton Fire Marshal’s office have developed a plan of action for the systematic removal of the debris within this facility, as outlined in a letter dated June 6, 2005.  The Board further finds that the Applicant and the Tiverton Fire Marshal’s office is in agreement that a roving patrol of this facility, every two (2) hours, would suffice sufficient security in lieu of the original twenty-four (24) hour surveillance required for this facility.  Finally, the parties have agreed that the Applicant’s full plan of action, as outlined in the original decisions covering this facility along with the removal of the debris as outlined in the June 6, 2005 correspondence, shall commence no later than August 1, 2005.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby modifies its original decision in this matter, requiring twenty-four (24) hour supervision of this facility in order to allow the Applicant to maintain two (2) hour roving patrols of this facility, at the direction and to the satisfaction of the Tiverton Fire Marshal’s office.
	
2.  The Board hereby directs that the debris within this facility shall be removed in accordance with a plan of action as outlined in the Applicant’s June 6, 2005 letter to the Tiverton Fire Chief.  The above letter is hereby incorporated by reference as part of this decision.
	
3.  The Board hereby directs the Applicant to commence the plan of action covering this facility as outlined in the previous decisions and the letter dated June 6, 2005, on or before August 1, 2005, at the direction and to the satisfaction of the Tiverton Fire Marshal’s office.

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 Applicant’s 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 Board’s 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 Board’s 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)].