The above-captioned case was most recently scheduled for hearing on June 8, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Richard, Pearson, Preiss, Filippi, Dias and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshals Gregory Unsworth and John Horan of the North Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Blackburn and Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that the subject facility was a church school which had previously been reviewed by the North Providence Fire Marshal's office.  The Board further finds that the Applicant has decided to close the school and eliminate any further use of the property.  The Board further finds that the Applicant has changed all of the locks and has provided only two (2) keys  one to the church pastor and the other to the North Providence Fire Department.  The Board further finds that the Applicant has agreed, at the request of the North Providence Fire Marshal's office, to maintain the fire alarm system and provide an approved key box for this facility, to shut off the gas and drain the heating and water systems.  The Board further finds that the Applicant shall continue to provide quarterly reports to the North Providence Fire Marshal's office.
	The Board finds that this facility shall not be occupied by this Applicant and that any potential buyers would first be required to bring this facility into full compliance prior to re-occupancy of the facility.  In light of the above, it is the understanding of the Board that the North Providence Fire Marshal's office has no objection to the Applicant's plan of action as submitted to the Board.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance in order to allow this vacant facility to be brought into compliance with the State Fire Code prior to the re-occupancy of this facility, at the direction and to the satisfaction of the North Providence Fire Marshal's office.  As a condition of this variance, the Board directs the Applicant to work closely with the North Providence Fire Marshal's office to maintain the fire alarm system and provide quarterly reports to the North Providence Fire Marshal's office.  The Board further directs the Applicant to provide this facility with an approved key box and to shut off the gas, heating and water systems, at the direction and to the satisfaction of the North Providence Fire Marshal's office.

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)].