The above-captioned case was scheduled for hearing on July 12, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Burlingame, Sylvester, Jackson, Jasparro, Walker and Dias were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Steven Parent of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Sylvester 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 January 31, 2011 plan of action developed and submitted by the Applicants engineers, Hughes Associates.   The above plan of action was utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the July 12, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the January 31, 2011 plan of action 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. 

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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1, 3, 4, 5, 7, 8, 9, 11, 12, 13, 14, 15, 16, 18, 19, 21, 22, 23 and 25:  It is the understanding of the Board that the Applicant has either corrected deficiencies 1, 3, 4, 5, 7, 8, 9, 11, 12, 13, 14, 15, 16, 18, 19, 21, 22, 23 and 25 or that no action is required.
	2, 6, 10, 17, 20 and 24:  The Board hereby grants the Applicant a time variance until July 31, 2014 in order to correct deficiencies 2, 6, 10, 17, 20 and 24 at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.  The Board notes that these deficiencies primarily address the upgrades to the sprinkler and HVAC systems within this facility.  In granting this relief, it is the understanding of the Board that the Pawtucket Fire Marshals Office is in agreement with the above cited 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)].