The above-captioned case was scheduled for hearing on March 6, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Richard, Dias, Pearson, Jasparro, Jackson, Sylvester, Burlingame and Blackburn were present.  Vice Chairperson Filippi recused herself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  Prior to the commencement of this hearing, the parties advised the Board that this facility is not currently occupied and that the Applicant planned to convert it to a different occupancy.  The Board was further advised that the Applicant planned to fully comply with the Code prior to reopening the facility under the new occupancy.  Accordingly, Commissioner Dias made a motion to close this file and File number 110206.  Commissioner Jackson seconded the motion.  The motion was unanimous.  Accordingly, this file is closed and the Applicant is directed to bring the facility into compliance prior to reopening it under this or a separate occupancy.

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)].