The above-captioned case was scheduled for hearing on November 14, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Newbrook, Filippi and Blackburn were present.  Commissioner Preiss recused himself from consideration of this case.  By letter dated November 8, 2006, Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshal's office advised the Board that he had no objection to whatever decision the Fire Safety Code Board of Appeal would make concerning the disconnecting of the fire service from the subject property.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this is an existing unoccupied masonry single-story commercial building having approximately 4,500 square feet of potential mercantile space.  The Board further finds that the interior has an open floor plan having no partitions and concrete flooring.  The Board further finds that the building is in good condition and well maintained.  The Board finds that it is the Applicants intention to winterize the entire building to prevent a freeze-up by disconnecting the domestic water service and the fire service for the sprinkler.  The Board further finds that the Applicant is requesting relief from NFPA 1 section 10.4 addressing the removal of fire protection systems.  The Board was further advised by the Applicants representative that the Applicant would comply with any and all building code requirements relating to the disconnecting of the domestic water and fire service for the sprinkler.  Finally, it is the understanding and direction of the Board that the sprinkler and all other fire protection features of this facility shall be completely restored prior to any re-occupancy of the facility.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of NFPA 1 section 10.4.2 in order to allow the Applicant to disconnect the water service and the fire service for the sprinkler system of this facility during the period that the facility shall remain unoccupied.  As a condition of this relief, the Board directs the Applicant to comply with any and all building code requirements covering the disconnecting of the above services.  Finally, the Board directs the Applicant to reconnect all of the above services and to assure that the fire sprinkler and fire alarm are completely functional prior to the re-occupancy of this building.

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)].