The above-captioned case was scheduled for hearing on January 11, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Pearson, Jasparro, Dias and Filippi 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 Richard and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the January 11, 2011 hearing on this matter, the Board had before it a July 31, 2007 inspection report compiled by the Warwick Fire Marshals Office along with a January 7, 2011 plan of action submitted by the Applicants representative.  Accordingly, the Board hereby incorporates the July 31, 2007 inspection report along with the January 7, 2011 plan of action as its initial findings of fact.  During the hearing the Board was advised and finds that the Applicant is preparing to close the Rhode Island Mall building.  The Board further finds that the building itself will be unoccupied except for necessary maintenance staff as of May 22, 2011.  It is the understanding of the Board that the Applicant shall maintain separated anchor stores in this complex that shall be in compliance with the code.  Finally, the Board finds that the January 7, 2011 plan of action outlines the parties agreement to maintain certain required systems for this facility during the period of time the building is proposed to be mothballed.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance until May 22, 2011 at which time the Applicant has proposed to close the subject facility and maintain it unoccupied except for necessary maintenance staff.  The Board hereby directs the Applicant to correct all remaining deficiencies in this facility and upgrade the fire protection systems at the direction and to the satisfaction of the Warwick Fire Marshals Office prior to the re-occupancy of the facility at any future time.  As a condition of this time variance, the Board directs the Applicant to (1) maintain the existing sprinkler systems, (2) maintain the existing fire alarm system, (3) maintain the existing normal lighting at the mall aisles, corridors and stairs, (4) maintain the existing emergency lighting, (5) maintain the existing exit signs, (6) maintain the existing egress routes including the walking surfaces, doors and stairs, (7) maintain the existing smoke removal connection to the building HVAC system and (8) maintain the existing portable fire extinguishers.  In addition, the Board directs the Applicant to maintain Knox Boxes equipped with building keys at the upper and lower mall entrances.  Finally, it is the understanding of the Board that the Warwick Fire Marshals Office supports the Applicants request for this relief.

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)].