The above-captioned case was initially scheduled for hearing on March 11, 2008 and a decision was issued on June 13, 2008.  At the request of the parties, the Board reviewed the transcript of this case and determined that the time lines set forth in the original decision did not accurately reflect the record of the original case.  Accordingly, the case was re-scheduled for hearing on September 9, 2008 at 1:00 P.M. to review the equities and to determine whether the time line outlined in the original decision should be reduced.  During the September 9, 2008 hearing on this matter, Chairman Coutu and Commissioners Jackson, Preiss, Filippi, Richard, Jasparro, Dias and Pearson were present.  Vice Chairman Newbrook recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshals Office.  A motion to reduce the original time line, as outlined herein, was made by Commissioner Dias and seconded by Commissioner Jackson.  The motion passed over the dissenting vote of Commissioner Jasparro and the abstentions of Commissioners Filippi and Richard. 

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact as outlined herein.  Specifically, 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 the facility to less than 10,000 square feet and installing a code compliant fire alarm system within 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 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.
	The Board finds that in its original decision it directed that all bids be secured and that the award of the demolition contract be made within six (6) months of the date of that decision and that the buildings shall be completely demolished within one year of the date of that decision.  However, the Board finds that the record of that case actually required these actions to be taken by the parties utilizing the March 11, 2008 hearing date as opposed to the mailing date of the decision on June 13, 2008.  The Applicants attorney has further advised the Board that the Applicant has relied upon the written deadline as opposed to the timelines outlined in the original hearing.  The Applicants attorney has further advised the Board that the Applicant can secure the bid and make an award of the demolition work on or before November 13, 2008 and that the Applicant can complete the demolition of this building on or before June 13, 2009.  Finally, the Board finds that the June 13, 2009 date for completion of the demolition would be approximately twelve (12) weeks longer than the original date envisioned by the Board.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby modifies its original decision in order to grant 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 square feet, as follows.
	The Board hereby grants the Applicant a time variance until November 13, 2008 to secure bids and award the demolition contract.  
	The Board hereby grants the Applicant a time variance until on or before June 13, 2009 to complete the demolition of the buildings within 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.  
Finally, the Board notes that the above time variances, for the demolition of this facility, are limited to those activities.  Accordingly, the installation of sprinkler and fire alarm coverage shall be at the direction and to the satisfaction of the Pawtucket Fire Marshal's office in accordance with the code.

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)].