The above-captioned cases were most recently scheduled for hearing on June 29, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Richard, Jackson, Preiss, Filippi and Walker were present.  Commissioner Dias recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Steve Parent of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Richard and Seconded by commissioners Jackson and Walker to grant the applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby adopts its original findings of fact covering the above captioned facilities in its decision mailed on November 14, 2008.  In addition, the Board finds that the Applicant has been working closely with the Pawtucket Fire Marshals Office and has submitted a plan of action dated June 8, 2010 which has been approved by the Pawtucket Fire Marshals Office.  Accordingly, the Board hereby incorporates the June 8, 2010 plan of action as its follow-up findings of fact in this case.
CONCLUSIONS AND VARIANCE REQUESTS
1.	 The Board hereby grants a time variance in order to allow the Applicant and the Pawtucket Fire Marshals Office to implement the June 8, 2010 plan of action submitted by the Ferland Corporation and approved by the Pawtucket Fire Marshal with priority timelines approved by the Pawtucket Fire Marshals office for each of the subject facilities.  Specifically, the Applicant is directed to work closely with the Pawtucket Fire Marshals office in implementing the above plan of action, at the direction, to the satisfaction and within a timetable established by that office for the completion of this plan of action.

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)].