The above captioned case was originally scheduled for July 30, 2002.  It was thereupon rescheduled and heard by the Board on December 3, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Evans, OConnell, Richard, Pearson, Wahlberg, and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshals Daniel Murphy and Mark Reimels of the Tiverton Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion was unanimous.  

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 2, 2002 revised inspection report compiled by the Tiverton Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Tiverton Fire Marshals Office during the December 3, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the October 2, 2002 revised inspection report as its initial findings of fact.  Any modification of the Boards findings such as correction of a deficiency shall be noted herein.
	Any deficiency, understood by the Board, to have been corrected which is not so corrected shall be immediately corrected by the Applicant.  The term approved as used herein is defined in Section 23-28.1-4(3) of the Rhode Island General Laws.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision in order to properly seal off the vacant buildings from the occupied buildings, at the direction and to the satisfaction of the Tiverton Fire Marshals Office.  In granting this time variance, it is the understanding of the Board that the Applicant shall demolish the vacant buildings within a year from the date of this Decision.  It is the further understanding of the Board that all other utilities have been removed from the cited buildings and they shall remain unheated and will be boarded up within the above time frame.  Finally, this variance is granted pursuant to the Boards understanding that the Applicant has worked closely with the Tiverton Fire Marshals Office in correcting the remaining deficiencies within this complex.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing an approved rated doorway between the stairway and main part of the occupied building within sixty (60) days from the date of this Decision, at the direction and to the satisfaction of the Tiverton Fire Marshals Office.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing approved sprinkler coverage in the basement and stairs and further connecting the sprinkler system to the fire alarm system, within ninety (90) days from the date of this Decision, at the direction and to the satisfaction of the Tiverton Fire Marshals Office.

	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.  
	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.   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.  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.  
	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)].