The above-captioned case was scheduled for hearing on February 8, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Pearson, Blackburn, Dias and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal Peter Marietti of the Warwick Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a January 27, 2011 inspection 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 February 8, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the January 27, 2011 inspection 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.
	Based upon the documentation submitted and the testimony taken during the February 8, 2011 hearing, the Board was advised and finds that the subject facility was formerly a place of assembly and that the building has been closed for approximately three (3) years and that the building is further in serious disrepair.  The Board further finds that the building maintains holes in its roof and that the building has been further vandalized, causing the removal of copper piping and wiring to the heating system.  Finally, it is the understanding of the Board that the soil of the property has been contaminated which has involved the owner in time consuming and costly litigation.  

The Board notes that the Warwick Fire Marshals Office has been assisting the Applicant in processing this variance request and that there have been discussions between the parties as to the methods of securing this facility in accordance with the standards outlined in NFPA 1 and NFPA 241.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In light of the facts outlined above, the Board hereby grants a variance in order to allow the Applicant to deactivate the fire protection systems within this facility upon securing the facility in accordance with the standards outlined in NFPA 1 and NFPA 241 at the direction and to the satisfaction of the Warwick Fire Marshals Office.  Specifically, once the Warwick Fire Marshals Office determines that the facility is secured in accordance with the above national standards, the Applicant may deactivate the life safety systems within this vacant facility.  Finally, the Board notes that the life safety systems within this facility must be made code compliant prior to any re-occupancy of this facility by the Applicant or future owner.

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)].