As indicated in the file, a hearing involving the above-captioned property was conducted on October 28, 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, Vice-Chairman Blackburn and Commissioners Booth, Jackson, Richard and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Timothy Lutz, Sr., Arthur Laurenson and Keith Maine of the Providence Fire Marshals Office and Deputy State Fire Marshals Scott Caron, Wade Palazini and Eric Kiernan of the State Fire Marshal's Office.
APPLICANT: Scott Morris, George Russell (Tyco) and Michael McHugh.



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 Scott Morris (owner) of 44 Warren Street, Providence, RI dated March 3, 2014.
3.	The Application was received by the Board and File  140025 opened on March 6, 2014.
4.	An initial hearing on the Application was conducted on May 13, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the May 13, 2014 hearing, a motion was made by Commissioner Blackburn and seconded by Commissioner Booth to grant the Applicant relief as outlined therein.  The motion passed on a 9 to 0 vote.  Accordingly, Decision  140025 was issued with a mailing date of May 22, 2014.
6.	On October 17, 2014 ADSFM Timothy J. Lutz, Sr. of the Providence Fire Marshal's Office notified the Board that the date for compliance with the Boards Decision had lapsed and that the Applicant has not complied with the terms of the Decision.
7.	On October 23, 2014 Notice was sent to the Applicant to appear on October 28, 2014 and show cause, if any, why the previous Decision should not be declared void and all deficiencies reinstated.
8.	On October 23, 2014 Chief Deputy State Fire Marshal James Gumbley notified the Board that an Order of Abatement for the 44 Warren Street property had been issued effective October 20, 2014 in accordance with Fire Safety Code sections 6-5-1, 6-5-2 and 6-5-3.
9.	A show cause hearing on Decision  140025 and review of the October 20, 2014 Abatement Order was conducted on October 28, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
10.	After all evidence was presented at the October 28, 2014 hearing, a motion was made by Commissioner Booth and seconded by Commissioner Richard to deny the Applicant relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140025A and are pertinent to the decision rendered:

1.	Variance Application  140025 dated March 3, 2014 and filed on March 6, 2014.
2.	Providence Fire Marshals Office Inspection Report dated February 14, 2014.
3.	Letter sent by ADSMSs Timothy Lutz, Sr. and Michael Krasnowiecki of the Providence Fire Marshals Office to Alan Klitzner dated February 14, 2014.
4.	E-mail from Michael Krasnowiecki dated April 4, 2014.
5.	Reschedule Notice dated March 24, 2014.
6.	Reschedule Notice dated April 7, 2014.
7.	Plan of Action [undated] with attached photographs (2) from Ocean State Flea Market.
8.	Letter from ADSFM Timothy J. Lutz, Sr. to the Board dated October 17, 2014.
9.	Hearing Notice dated October 23, 2014.
10.	Email from ADSFM Timothy Lutz of the Providence Fire Marshal's Office to the Board dated October 23, 2014.
11.	Email from Chief Deputy James Gumbley of the State Fire Marshal's Office to the Board dated October 23, 2014.
12.	Abatement Notice to Warren Street Properties dated October 20, 2014.
13.	Email from ADSFM Keith Maine of the Providence Fire Marshal's Office to the Board dated October 27, 2014.

EXHIBITS

The following documents were presented at the October 28, 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 Decision below corresponds with Decision  140025 issued by the Board on May 22, 2014.  The May 22, 2014 Decision was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the October 28, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the May 22, 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.
2.	Decision  140025 provided the Applicant ninety (90) days from the date of the Decision (May 22, 2014) to comply with the requirements set forth by the Providence Fire Marshal's Office.  The Board finds that this time frame has not been complied with and that all variances previously granted are deemed void in accordance with Fire Safety Code section 6-2-22.
3.	The Decision below also constitutes a review of the October 20, 2014 Abatement Order issued by the State Fire Marshal's Office setting forth the following provisions:
a.	The general public not be allowed into the building
b.	No use as a place of assembly, to include the use of the private club
c.	Employees shall not be allowed to sleep inside the building.
CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board declines to reinstate any variances previously granted in Decision  140025 dated May 22, 2014 in accordance with Fire Safety Code section 6-2-22 and directs that the following conditions remain in full force and effect until compliance has been verified and approved by the Providence Fire Marshal's Office, in conjunction with the State Fire Marshal's Office:
a)	No new construction shall be performed without construction plans reviewed and approved by the Providence Fire Marshals Office.
b)	The Applicant shall maintain a fire watch at the building 24 hours a day, 7 days a week.
c)	In the event that the October 20, 2014 Abatement Order is modified or vacated at a future date, the Applicant shall provide a uniformed firefighter detail whenever the flea market is in operation, at the direction and to the satisfaction of the Providence Fire Marshals Office.
2.	The Board hereby upholds the provisions of the Abatement Order dated October 20, 2014 in accordance with Fire Safety Code section 6-5-3, which shall remain in full force and effect until such time as modified or vacated by the State Fire Marshal's Office, in conjunction with the Providence Fire Marshal's Office.

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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

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)].