The above-captioned case was scheduled for hearing on August 23, 2011 at 1:00 P.M.  At that time, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Pearson, Jasparro, Dias and Jackson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Keith Notarianni of the Middletown Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the subject facility is approximately 21,340 square feet in area.  The Board further finds that this facility was sprinklered, and that the sprinkler has been rendered out of service for the past two (2) years.  The Board further finds that this facility is currently vacant and the Board has been advised that the fire alarm and sprinkler systems have been taken out of service.  The Board further finds that the ammonia and freon gases have been removed from this facility thereby reducing the hazard significantly.
	In light of the fact that the building is currently vacant, the Applicant has requested relief from maintaining the required fire protection systems.  It is the understanding and finding of the Board that the Applicant will work with the Middletown Fire Marshal and Middletown Building Official in order to comply with the building code provisions for vacating and securing such a facility.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a variance to vacate and properly secure the fire protection systems of this facility in accordance with NFPA 1, NFPA 101 and the Building Code for vacating and securing such structures.  Accordingly, the Board hereby directs the Applicant to meet and work directly with the Building Official and Fire Marshal to develop and implement a plan of action for properly securing this facility and addressing the above cited codes.


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)].