The above-captioned case was originally scheduled for hearing on May 2, 2006 and a Decision was issued on August 28, 2006.  Upon the issuance of this Decision, the Board was notified by the owners representative, that the owner had been listed as the Applicant on the Decision in error and that the building owner had neither actually applied for the requested relief nor wished to utilize the relief granted in the Decision. 
Pursuant to Board Rule 6-2-12, the Board sought to correct the above administrative mistake.  The parties in interest were advised that the Board would review this matter on October 24, 2006 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Pearson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Silva and Richard Fournier of the Providence Fire Marshals Office.  The owner of the building and the current owner of the business were also present along with their legal counsel.
FINDINGS OF FACT
The Board finds that the original Application for relief in this case was filed by a business owner who no longer occupies this building.  The Board further finds that this original business owner was never authorized by the owner of the building to file for the requested relief.  The Board further finds that a member of its staff was mistakenly informed that the owner of the property had agreed to proceed with the original application. 
The Board further finds that the neither the owner of the building nor the owner of the current business owner wish to be substituted as the Applicant in the Boards File Number 050167.  The Board further finds that neither the building owner nor the current business owner wish to assume the responsibility, benefits and liability for the original Decision issued in File Number 050167.  Accordingly, after specifically addressing these matters with the building owner, the current business owner, and their attorneys, the Board finds that the above parties were not properly before it and that the Decision rendered in File Number 050167 should be voided in fairness to all parties. 
CONCLUSIONS AND VARIANCE REQUESTS
1.	The original Decision in File Number 050167 is now void and without effect.  Accordingly, the Providence Fire Marshals Office may not reference the Decision in file Number 050167 when conducting any future code compliance inspections of this facility. 
If future inspections are conducted, and it is determined that variances may be necessary, all appeal rights to the Fire Safety Code Board of Appeal & Review shall remain available under RIGL 23-28.3-5.  Notice of the deadline, for the filing of an appeal with the Fire Safety Code Board of Appeal & Review, shall be specifically listed, by the Providence Fire Marshals Office, on any future inspection report complied by that office.