The above-captioned case was originally before the Board on July 26, 2011 and at that time the Applicant was granted a time variance of one (1) year from the date of the hearing to allow for the sprinkler and fire alarm systems of the vacated facility to remain out of service.  Approximately one year later, the Applicant returned to request an additional year.  That hearing was scheduled for July 24, 2012 and the Applicant was granted an additional year.  The above captioned case was most recently scheduled for hearing on July 30, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Thornton, Jackson, Sylvester, Burlingame, Blackburn and Richard 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 Pearson to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Thornton abstaining from the vote.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 110120 and 110120A.  In addition, the Board finds that the Warwick Fire Marshals Office is in support of a permanent time extension until such time as the ownership of this facility changes, at which time the new owner would be require to return to the Board with a new plan of action.  The Board further finds that the Warwick Fire Marshals Office has again reported that there have been no problems within this facility and that it is properly secured at all times.  

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby extends the original time variance granted in file numbers 110120 and 110120A until such time as this building is reoccupied or purchased by a new owner.  In the event the building is reoccupied, the Board directs the Applicant to correct all deficiencies and bring all systems into full compliance, prior to re-occupancy.  In the event the building is sold, the Board directs the Applicant to provide the new owner with a copy of this decision mandating that the new owner is to appear before the Board with a new plan of action for this facility.

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)].