The above-captioned case was scheduled for hearing on March 16, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners O’Connell, Coutu, Preiss, Newbrook and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal James Hickey of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the March 16, 2003 hearing on this matter, the Board was advised and finds that this facility is a liquor store scheduled to be demolished within one (1) year.  The Board was further advised and finds that the actual square footage of the store is 1,112 square feet gross with 612 feet of actual utilized space.  The Applicant has requested a time variance in order to either install an approved fire alarm system on or before January 1, 2005 or to vacate the facility.  In light of the above demolition, and the limited occupancy and size of this facility, the Board was advised that the Providence Fire Marshal’s office had no objection to the additional time variance. 

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the Applicant a time variance in order to install the required local fire alarm system on or before January 1, 2005.  

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 Applicant’s 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 Board’s 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 Board’s 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)].