The above-captioned case had previously been before the Board and a decision was issued in file number 060677 on April 30, 2010.  This case was most recently scheduled for hearing on November 9, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Preiss, Walker, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Ray Gomes of the Newport Fire Marshals Office.  
The Applicant has returned to the Board and advised that the building is now vacant and that he will maintain the municipal fire alarm system.  The Applicant has requested to be allowed to maintain the building as vacant and to comply with the code prior to re-occupancy.  It is the understanding of the Board that the Newport Fire Marshals Office has no objection to this plan of action.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the Applicants plan of action to maintain this facility as a vacant facility pursuant to its understanding that the Applicant shall maintain the municipal fire alarm system operational during this period of time.  The Board hereby grants the Applicant a time variance to bring the remainder of the facility into compliance as outlined in the original decision covering this case, prior to the re-occupancy of this facility, at the direction and to the satisfaction of the Newport Fire Marshals 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)].