The above-captioned case was scheduled for hearing on October 28, 2008 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Jackson, Pearson, Dias and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Bruce Quinn of the State Fire Marshals Office.  A motion was made by Commissioner Dias 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 December 28, 2005 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the October 28, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the December 28, 2005 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. 
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the October 28, 2008 hearing on this matter, the Board was advised that this facility is slated for demolition after the East Providence facility.  Accordingly, the Applicant has requested a time variance until July 1, 2012 to either demolish the building or to bring it into full compliance with the code.  The Board hereby grants the Applicant a time variance until July 1, 2012 in order to allow the Applicant to either demolish this building or to bring it into full compliance with the code, at the direction and to the satisfaction of the State Fire Marshal's office.  As a condition of the above time variance, the Board directs that the Applicant immediately discontinue utilizing the pit area and that the Applicant further work directly with the State Fire Marshal's office to immediately correct any hazardous conditions within this facility at the direction and to the satisfaction of the State 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)].