The above captioned case was scheduled for hearing on October 30, 2001 at l:00 p.m.  At that time, Vice Chairman Richard and Commissioners Wahlberg, Coutu, Filippi, and Newbrook. The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Kevin Murphy of the State Fire Marshal’s Office.  Assistant Deputy State Fire Marshal Robert Jobin of the East Providence Fire Marshal’s Office was also in attendance.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.  

FINDING OF FACT
	
This matter was originally heard by the Board in August of l999 and a Decision was issued in October of l999.  The Decision granted relief from the sprinkler requirement of the basement of this facility.  However, the relief was based upon the Applicant’s representation that there shall be no occupancy in the basement of this facility.  The Decision further granted additional variances to the Applicant.  The Fire Marshal’s Office subsequently determined that the Applicant had in fact occupied the lower level of this facility in violation of the original Decision.  Accordingly, all variances granted including the variances from the sprinkler requirement were voided.  The Applicant has now returned requesting additional time to correct this situation.  The Board hereby incorporates its original Decision in File No.:  990l75 as its initial findings of fact as modified above.

	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 defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a time variance in order to vacate the lower level of this facility on or before November l, 2001.  In the event that the Applicant successfully vacates the lower level of this facility on or before November l, 2001, all of the variances granted in the Board’s Decision in File No.:  990l75 shall be reinstated.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]