As indicated in the file, a hearing involving the above-captioned property was conducted on June 17, 2014 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Vice-Chairperson Filippi and Commissioners Booth, Burlingame, Jackson, Pearson, Richard, Sylvester and Thornton.
Department of Administration Deputy Chief Legal Counsel Peter N. Dennehy.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Peter Marietti, III of the Warwick Fire Marshals Office.
APPLICANT: Michael Integlia, Jr. and Michael Integlia, III.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Mr. Michael Integlia (Applicant) of 220 South Main Street, Providence, RI on February 25, 2014.
3.	The Application was received by the Board and File  140022 opened on February 28, 2014.
4.	The matter was previously heard by the Board on April 15, 2014 at which time Decision  140022 was issued dated April 25, 2014.
5.	In Decision  140022 the Board directed that the Applicant return with a plan of action for the property on May 20, 2014.
6.	Executive Director Burlingame reported to the Board that on May 20, 2014 telephone notice from ADSFM Marietti was received indicating the Applicant has opted to demolish the building and that relief is no longer being sought.  The matter was removed from the calendar and the file closed.
7.	On May 21, 2014 ADSFM Marietti telephoned and requested that the file be reopened as the matter has yet to be resolved to the agreement of the parties.
8.	After all evidence was presented at the hearing, a motion was made by Commissioner Pearson and seconded by Commissioner Sylvester to grant the Applicant relief as outlined herein.  The motion passed on a 9 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140022 and are pertinent to the decision rendered:

1.	Variance Application  140022 dated February 25, 2014 and filed on February 28, 2014.
2.	Warwick Fire Marshals Office Inspection Report dated January 31, 2014.
3.	Letter sent by ADSFM Peter J. Marietti, III of the Warwick Fire Marshals Office to Michael Integlia & Co. dated January 31, 2014.
4.	Letter sent by ADSFM Peter J. Marietti, III of the Warwick Fire Marshals Office to the Board dated May 28, 2014.
5.	Reschedule Notice dated March 20, 2014.
6.	Reschedule Notice dated April 25, 2014.
7.	Decision  140022 dated April 25, 2014.
8.	Reschedule Notice dated May 28, 2014

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EXHIBITS

The following documents were presented at the June 17, 2014 hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The matter was previously heard by the Board on April 15, 2014 at which time Decision  140022 was issued dated April 25, 2014.
2.	The above Decision was utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the June 17, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the April 25, 2014 Decision 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.
3.	In the initial Decision, the Applicant was given a time variance until May 20, 2014 to develop a plan of action for the property.
4.	The owner has conducted a reuse vs. demolition financial analysis for the structure in conjunction with the Warwick Planning Department and has opted to demolish the building.
5.	The building is presently vacant and will continue in that status until the building is demolished.
6.	The building sprinkler system piping has been repaired and is intact within the building and can be supplied by the fire department if required.
7.	A demolition permit has been applied for by the applicant and the time table for demolition is expected to be sixty (60) days from the issuance of the permit.
8.	There is no objection by the Warwick Fire Marshals Office to closing the file on this matter.

DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board grants the Applicant a time variance of one hundred twenty (120) days from the date of this hearing to maintain the building in its existing condition with the understanding that the building will be demolished within this time frame.
2.	The Board hereby authorizes the Warwick Fire Marshals Office to extend the above timeline for good faith efforts being demonstrated by the applicant.

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STATUS OF DECISION AND APPEAL RIGHTS

1.	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).
2.	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).
3.	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).
4.	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)].