The above-captioned case was scheduled for hearing on March 19, 2009 at 9:30 A.M.  At that time, a subcommittee of the Board consisting of Acting Chairman Jasparro and Commissioners Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshal's Office.  A motion to close this file was made by Commissioner Filippi and seconded by Commissioner Dias.  The motion was unanimous.
	The subcommittee recommendations were thereupon presented to the full Board on March 24, 2009.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Walker, Filippi and Dias were present.  A motion to approve the subcommittee recommendations was made by Commissioner Walker and seconded by Commissioner Filippi.  The motion was unanimous to grant the Applicant relief as outlined herein.  

FINDINGS OF FACT
	During the March 19, 2009 hearing on this matter, the Board was advised that the Applicant was no longer the owner of this facility and that it had been sold.  In light of the above, the subcommittee determined that the application was moot and that the file should be closed.

BOARD ACTION
	1.  In light of the fact that the Applicant is no longer the owner of the facility, the Board hereby closes this file.

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 subcommittee recommended Decision within thirty (30) days of the mailing date of this decision by filing an appeal to the entire Board for review pursuant to R.I.G.L. 23-28.3-5(b)(4).  In the absence of a timely appeal, the subcommittee recommendations shall have the status of a full Board Decision.