The above-captioned case was most recently scheduled for hearing on April 5, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice-chairman Coutu and Commissioners Preiss, Pearson, Burlingame, Filippi and OConnell were present.  The fire service was represented by Chief Robert Lloyd and Assistant Deputy State Fire Marshal Daniel Murphy of the Tiverton Fire Marshals Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	This matter was previously heard by the Board and the Applicant had previously been given time variances in order to bring this facility into compliance with the code.  On March 8, 2005, the Board determined that a site visit would be necessary in the development of an approved plan of action.  It is the understanding and finding of the Board that prior to the March 8 hearing, the Applicant demolished buildings number twenty-one (21) and eight (8) of this complex.  The Board further finds that the Applicant removed approximately eighty (80) dumpsters of materials from this property.  The Board further finds that the Applicant replaced and repaired the roof of the stair tower and the main mill roof.  The Board further finds that the Applicant installed five (5) fire rated doors in the stair tower.  The Board further finds that the Applicant installed a radio box and strobe light for the fire alarm system.  The Board further finds that the Applicant installed sprinkler coverage in the basement of building 1 and in the stair tower.  The Board further finds that the Applicant installed a new fire alarm panel with an audiovisual fire warning system on all five (5) floors of building 1.  The Board further finds that the Applicant has reactivated the water main to parts of the property.  The Board further finds that the Applicant has installed a water back flow system.  Finally, the Board finds that prior to the March 8, 2005, meeting that the Applicant has installed new exit signage and emergency lighting in building 1.
	During the March 8, meeting, the Board determined that an on-site visit would be necessary in order to develop an approved plan of action for this facility.  The Board further finds on March 15, 2005, the Applicant and the Tiverton Fire Marshals Office reviewed the outstanding deficiencies and attempted to develop an approved plan of action.  The Board finds that on April 1, 2005, a Board Subcommittee visited the property and conducted an on-site review of the proposed plan of action for this facility. 
	
CONCLUSIONS AND VARIANCE REQUESTS 
	During the April 5, 2005 hearing on this matter, the Applicant presented the Board with an eleven (11) part plan of action outlining the meeting of the parties agreement for future action.  The Board hereby incorporates the eleven (11) part plan of action as outlined on pages 2, 3 and 4 of an April 5, 2005, letter from the Applicant to the Fire Chief.  The Board hereby attaches the April 5, 2005, letter and incorporates the same as part of its decision.  The Board makes the following modifications to the letter.
	1.  The Board hereby adopts item 1 of the April 5, 2005, letter.
	2.  The Board hereby adopts item 2 of the April 5, 2005, letter with the following modifications.  The Applicant is directed to complete his evaluation and projected time lines on/or before May 31, 2005.  In the event the Applicant or the Fire Chief disagree on the time frames, the Applicant and/or the Fire Chief may return to the Board on June 7, 2005, for the Boards review or approval of this plan.
	3.  The Board hereby adopts item 3 of the April 5, 2005, letter and hereby modifies the stated time line of July 8, 2005, to be May 31, 2005.
	4.  The Board hereby adopts item 4 of the Applicants plan of action as outlined in the April 5, 2005, letter.
	5.  The Board hereby adopts item 5 of the Applicants plan as outlined in the April 5, 2005, letter.
	6.  The Board hereby adopts the Applicants plan as outlined in the April 5, 2005, letter.
	7.  The Board hereby modifies item 7 as follows:  The Board hereby directs the Applicant to keep either personnel or security on-site, to perform fire watch duties, during all periods of time when the building is unoccupied.  In the event the Applicant is either unwilling or unable to perform these fire watch duties, the Board then directs the Tiverton Fire Marshals Office to provide a firefighter detail, at the Applicants expense, during those periods when the building is unoccupied and unsupervised.  The Board notes that this requirement maybe reviewed by the parties during the June 7, 2005, hearing.
	8.  The Board hereby adopts item 8 of the Applicants April 5, 2005, plan of action.
	9.  The Board hereby adopts item 9 of the Applicants April 5, 2005, plan of action.
	10.  The Board hereby adopts item 10 of the Applicants April 5, 2005, plan of action.
	11.  The Board hereby adopts item 11 of the Applicants April 5, 2005, plan of action.

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)].