The above-captioned case was originally scheduled for hearing on March 22, 2011 at 1:00 P.M.  At that time, the Board granted the Applicant a time variance of approximately one hundred eighty (180) days from the mailing date of the Decision.  The Decision was mailed on May 11, 2011.  By letter dated November 1, 2011, the Applicant advised the Board that he was requesting an additional time extension of between six (6) and nine (9) months due to the factors outlined below in the Boards Findings of Fact.
The Applicants most recent request was thereupon scheduled for hearing on November 15, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Jackson, Jasparro, Sylvester and Walker were present.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshals Office along with Assistant Deputy State Fire Marshal Steve Parent of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Burlingame and Blackburn.
FINDINGS OF FACT
	The Board hereby reaffirms its original findings of fact in its Decision in File No 110024 and incorporates those findings herein by reference.  The Board further finds that the subject complex consists of a public (business/customer) area, a service (industrial) area, and a separate (storage) warehouse area.  Additionally, based upon the documentation submitted and the testimony taken, the Board has been advised and finds that the Applicant has experienced business losses for the past five (5) years.  The Board has been further advised and finds that the Applicant is actively engaged in the process of selling this facility.  The Board has been further advised and finds that the sale of this facility may be for the real estate value only and that the subject buildings may potentially be demolished after the sale. 
The Board finds that, while the Applicant has corrected the majority of the fire code deficiencies within this complex, the major systems upgrades remain.  The Board has been advised and finds that the Applicant has estimated that the above upgrades would cost between thirty thousand (30,000) and forty thousand (40,000) dollars.  The Board finds that there is limited occupancy in these buildings.  The Board was further advised and finds that the Applicant flatly refuses to spend thirty to forty thousand dollars only to have the building demolished in the near future.  The Board finds that while the fire service was initially not in favor of any time extension, it objected to the requested nine (9) month extension advising that a six (6) month extension was adequate. 

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants the Applicants maximum request for an additional time variance of nine (9) months from the date of this Decision.  As a condition of this time extension, the Board directs the Applicant, within thirty (30) days of the date of this Decision, to provide the State and Pawtucket Fire Marshals Offices with a detailed plan of action for correction of the remaining deficiencies within this complex.  As a further condition of this time extension, the Board directs the Applicant to initially upgrade the public and service areas (608 Broadway) and then address the warehouse area (87 Gooding Street).  Finally, the Board directs the Fire Marshals to work closely with the Applicant and to monitor his progress under the submitted plan. 

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)].