The above-captioned case was scheduled for hearing before a subcommittee of the Board on September 17, 2009 at 9:30 A.M.  At that time, Acting Chairman Dias and Commissioner Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Dias to recommend to the full Board that it grant the Applicant the relief outlined herein.  The motion was unanimous.  
The above recommendations were thereupon presented to the full Board on September 22, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Jasparro, Pearson, Walker, Dias and Filippi were present.  Commissioner Preiss recused himself from consideration of these cases.  A motion to approve the subcommittee recommendations was made by Vice Chairman Newbrook and seconded by Commissioners Richard and Walker.  The motion was unanimous.  Accordingly, the subcommittee determination has the status of a full Board decision.
FINDINGS OF FACT
	During the September 17, 2009 subcommittee hearing on this matter, the Applicant advised the Board that no corrections had been made to the facility since the submittal of the variance appeal.  The Board was further advised that the Applicant intended to sell the facility but the sale had not come to fruition.  In light of the fact that the subcommittee did not have before it an inspection report from the Providence Fire Marshal's office nor a building description upon which it could rely, the subcommittee recommended that the Providence Fire Marshal's office re-inspect the facility and indicated that the Applicant may return to the Board to seek relief if needed.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby remands this facility to the Providence Fire Marshal's office and requests that office to re-inspect the facility and generate an inspection report.  In the event the Applicant needs to return to the Board based upon the findings of the Providence Fire Marshal's office, the Applicant may do so in the future.

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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).