The above-captioned case was scheduled for hearing on August 25, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Richard, Jackson, Preiss, Blackburn, Dias and Jasparro were present.  The fire service was represented by Chief of Inspections Scott Caron and Deputy State Fire Marshal Dennis McGarty of the State Fire Marshals Office.  The Applicant and the State Fire Marshal's Office report to the Board that this facility had been properly sealed off to the satisfaction of the State Fire Marshal's office.  Accordingly, no further action was taken by the Board.
FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 060884 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has sealed this building off at the direction and to the satisfaction of the State Fire Marshal's office and that the State Fire Marshal's office is satisfied that it is compliant with the original decision.  The Board notes that this building is currently vacant and shall remain vacant.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board commends both the Applicant and the State Fire Marshal's office for properly securing this building and eliminating the hazards therein.

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)].