As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, February 6, 2018 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Filippi, Pearson, Walker, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Lance Dumont of the Pawtucket Fire Marshals Office and Assistant Deputy State Fire Marshal Keith Sullivan of the Central Falls Fire Marshals Office.
APPLICANT: Michael Gazdacko.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
TRAVEL OF THE CASE

1.	These are Applications for Variance filed under RIGL chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Applications were filed by Michael Gazdacko (authorized representative) of M&L Financial Co., 1005 Main Street -- Suite 1220, Pawtucket, RI dated November 8, 2017.
3.	The Applications were received by the Board and File  180005 and 180006 were opened on January 10, 2018.
4.	A hearing on the Applications was conducted on February 6, 2018 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Walker and seconded by Commissioner Thornton to grant the Applicant the relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  180005 and are pertinent to the decision rendered:

1.	Variance Applications  180005 and 180006 dated November 8, 2017 and filed on January 10, 2018.
2.	Pawtucket Fire Marshals Office Inspection Report dated July 21, 2017.
3.	Central Falls Fire Marshals Office Inspection Report dated December 27, 2017.
4.	Letter of authorization for Michael Gazdacko from Arthur Misaki dated December 6, 2017.

EXHIBITS

The following documents were presented at the February 6, 2018 hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The Decision below corresponds with those of the July 21, 2017 inspection report compiled by the Pawtucket Fire Marshals Office and the December 27, 2017 inspection report compiled by the Central Falls Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the Pawtucket and Central Falls Fire Marshals Offices during the February 6, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the July 21, 2017 and December 27, 2017 inspection reports 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.
2.	These two buildings are part of a seven-building former mill complex, and are now presently vacant.  Five of the vacant buildings are slated for rehabilitation or repurposing in the future however these two buildings,  5 and  6, are scheduled to be demolished within the next 12 to 24 months.
3.	There are presently no utilities to these two buildings and all fire protection systems have been disabled or vandalized and are no longer operational.
4.	The owner is presently providing a limited fire watch for the buildings by a caretaker who resides on the premises in another location.
5.	There is no objection by the Pawtucket or Central Falls Fire Marshals Offices to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a time variance of twenty-four (24) months for the demolition of the two buildings subject to the following conditions:
a.	The Applicant shall immediately provide an approved 24/7 fire watch acceptable to the Pawtucket and Central Falls Fire Marshals Offices to be maintained until such time as the conditions set forth below are complied with.
b.	Within thirty (30) days of the date of the decision the Applicant shall have the municipal and/or private water supply for the site, including any yard hydrants evaluated and provide a current status report to the Pawtucket and Central Falls Fire Marshals Offices.
c.	Within thirty (30) days of the date of the decision the Applicant shall develop and submit a plan of action to the AHJs for the installation of a limited protection fire alarm system in the two buildings.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the Pawtucket and Central Falls Fire Marshals Offices.  The fire alarm system shall consist of the following:
i.	Fire alarm control unit(s) with emergency forces notification for all alarm, supervisory and trouble signals;
ii.	Line-type heat detection in all areas of the building, including stair towers; and,
iii.	Notification appliances in all areas of the buildings.
d.	Within thirty (30) days of the date of the decision the Applicant shall develop and submit a plan of action to the AHJs for securing the two buildings to prevent entry by unauthorized persons.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the Pawtucket and Central Falls Fire Marshals Offices.

Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in RIGL section 42-35-12 and 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: Fire Safety Code [FSC] section 6-2-22).
2.	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: FSC section 6-2-23.)  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 FSC or a revision of the above-cited classification.  (See: FSC section 6-2-24).
3.	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 RIGL section 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:  FSC section 6-2-25).
4.	In accordance with RIGL section 23-28.3-5(e), any person who violates a final order of the Board may be subject to prosecution in the District Court with possible imprisonment for a term not exceeding one (1) year, or fined not more than one thousand dollars (1000) for each offense.
5.	In accordance with RIGL section42-35-12, 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.  (See: FSC section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].