The above-captioned case was scheduled for hearing on March 11, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners OConnell, Filippi, Walker, Jasparro, Jackson and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the March 11, 2008 hearing on this matter, the Board was advised and finds that this building is approximately 41,000 square feet in area, comprising warehouse, industrial and office space.  The Board was further advised and finds that the occupancy of this facility is approximately four (4) people.  The Board finds that the Applicant has proposed reducing the size of this facility to less than 10,000 square feet and installing a code compliant fire alarm system in that area.  The Board further finds that this area would also be sprinklered.  The Board finds that the Applicant shall provide the Pawtucket Fire Marshal's office with copies of the sprinkler and fire alarm contracts for all four (4) buildings and that in implementing its plan of action for the demolition of these buildings, the Applicant shall secure all bids and award the demolition contract within six (6) months from the date of this decision and that the buildings shall be completely demolished within one (1) year of the date of this decision.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance to implement its plan of action for the demolition of the structures within this complex, bringing the total square footage to below 10,000 as follows.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in which to secure bids and award the demolition contract.  The Board grants the Applicant an additional six (6) months to complete the demolition of the buildings in this facility in accordance with its plans, at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.  In granting this relief, the Board directs the Applicant to provide the Pawtucket Fire Marshal's office with copies of the sprinkler and alarm contracts for the buildings within this complex and to coordinate the demolition activities with the Pawtucket Fire Marshal's 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)].