The above-captioned cases were scheduled for hearing on February 2, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Jasparro, Walker, Pearson, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Christopher Dillon of the Providence Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	Based on the documentation submitted and the testimony taken during the February 2, 2010 hearing on this matter, the Board was advised and finds that the site contains seven (7) attached buildings constructed from the early 1900s to 1985.  The Board further finds that the site occupies a city block bounded by Prairie Avenue to the east, Gordon Avenue to the west, Saratoga Street to the north and Potters Avenue to the south.  The Board finds that the facility footprint is currently approximately 141,000 square feet. 
	The Board further finds that Building 3 Office Building and Building 6 are slab on grade construction with masonry timber framing and wooden roof decks.  The Board finds that the one-story Building 3 Office Building has a modified roof assembly system over tar felt and that the two-story Building 6 has a tar and gravel roof.  The Board further finds that the 1957 addition, Building 7, is of masonry construction with steel I-beams, a concrete foundation basement and a corrugated steel roof deck with a tar and gravel roof.  
	The Board further finds that the one-story main building (Building 3) is masonry construction with steel and timber beams, a concrete foundation basement, a wood roof deck and a modified ply roof over a partially stripped tar and gravel roof.  The Board further finds that the one-story new warehouse (Building 2A) is slab on grade construction, steel I-beam and steel truss framing with a rubber membrane roof on a corrugated steel deck.  The Board further finds that the four-story Oxford Press building (Building 2) is reinforced concrete construction with a foundation basement and a tar and gravel roof on a concrete deck.  The Board further finds that the two-story APCO Building (Buildings 1 and 10) is slab on grade, masonry and wood construction with a multi-level modified ply over tar felt roof on wood decks.
	Finally, the Board finds that it is the owner's stated intent to demolish all of the buildings at the site with the exception of the one-story Building 3 Office Building, the two-story Building 6, the two-story APCO building (Buildings 1 and 10) and the four-story Oxford Press Building (Building 2) which will be renovated as part of the redevelopment of the site.  Finally, the Board finds that all of these buildings are currently unoccupied.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to install temporary fire alarm devices in these facilities until full construction is commenced.  The Board further directs that the buildings shall remain one-hundred percent unoccupied during the construction and demolition outlined above.  Finally, the Board shall leave this file open in the event the Applicant or the Providence Fire Marshal's office needs additional relief or clarification of the above.  In light of the above, it is the understanding of the Board that the Providence Fire Marshal's office has no objection.

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)].