The above-captioned case was scheduled for hearing on September 18, 2012 at 1:00 P.M.  At that time, Commissioners Dias, Pearson, Walker, Jasparro, Burlingame, Jackson and Richard were present.  Chairman Newbrook recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Steven Parent of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Jackson 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 a July 18, 2012 compliance inspection report compiled by the Pawtucket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the September 18, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the July 18, 2012 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, 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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1-6.  During the September 18, 2012 hearing on this matter, the Board was advised that the Applicant plans to provide this facility with three (3) upgraded separation walls in order to eliminate the requirement for sprinkler coverage.  The Board was further advised that the Applicant plans to install a single master box for all of the newly separated areas.  The Board was further advised that the Applicant would maintain four (4) fire alarm zones for this complex and that the Applicant was requesting additional time to correct this and the remaining deficiencies outlined on the inspection report.  Accordingly, the Board hereby approves the above plan of action as outlined by the Pawtucket Fire Marshal and the Applicant and the Board further grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action to the Pawtucket Fire Marshals Office for the correction of deficiencies 1, 2, 3, 4, 5 and 6 as outlined herein.  The Board further grants the Applicant an additional 150 days in which to implement the above plan of action at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.

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)].