The above-captioned case was scheduled for an expedited hearing on June 29, 2004 at 1:30 P.M.  This was the sixteenth (16th) case to be heard by the Board on that day.  Present for this hearing were Chairman Farrell and Commissioners Wahlberg, Preiss, Burlingame, Coutu and Filippi.  Deputy State Fire Marshal Cynthia Dehler and Chief of Inspections William Howe of the State Fire Marshals Office, along with Assistant Deputy State Fire Marshal Steve Moise of the Communications Division of the Providence Fire Marshals Office, represented the fire service.  A motion was made by Commissioner Coutu and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the June 29, 2004 hearing on this matter, the Board was advised and finds that the subject facility was originally utilized as a nightclub but has since been vacated.  The Board further finds that the basement portion of the building is now utilized as a construction storage area while the remainder of the building is vacant.
	The Board was further advised and finds that, over the past winter, the heating system failed and this resulted in the freezing and subsequent destruction of the sprinkler system.
	In light of the fact that this unoccupied storage building will most likely be destroyed once the Interstate 195 Relocation project is complete, the Applicant has requested a variance to repair and/or install a municipally connected fire alarm system to protect this facility instead of repairing and/or replacing the sprinkler system.  In light of the fact that this is a generally unoccupied building, used for limited storage, the representatives of the fire service made no objection on the record.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance in order to allow the Applicant to re-establish the municipally-connected fire alarm system in this vacant facility in lieu of repairing and/or replacing the sprinkler system.  The Board also grants the Applicant a period of one hundred twenty (120) days, from the date of this Decision, to so repair and activate the municipally-connected fire alarm system at the direction and to the satisfaction of the Providence Fire Marshal's Office.  This variance is conditioned upon the Applicant limiting the use of this generally unoccupied building to storage.

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)].