The above captioned case was originally scheduled for hearing on June 29, 2004.  At that time the Board rendered a decision which was reduced to writing on August 11, 2004.  The Applicant has now returned to the Board requesting additional time to bring this facility into full compliance with the original decision.  The most recent hearing on this matter was scheduled for December 21, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Pearson, Filippi, Burlingame and Preiss were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby adopts its original findings of fact in file number 040179 as its findings of fact in this case.  In addition, the Board finds that this facility is currently not operated as a place of assembly and that the Applicant has requested an additional ninety (90) days in order to bring it into full compliance with the original decision.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the Applicant a period of ninety (90) days in order to bring this facility into full compliance with the original decision on this matter.

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)].