The above-captioned case was scheduled for hearing on November 30, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Evans, O’Connell, Filippi, Burlingame and Pearson were present.  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 finds that this matter was previously before the Superior Court and, pursuant to a status conference held on July 26, 2004, the parties agreed to an extension of the original order of the Court issued on May 15, 2003.  The Board further finds that the parties had agreed to make all reasonable efforts to cure the deficiencies at the subject facility on or before September 30, 2004 or apply for variances by August 27, 2004.  The Board finds that the Applicant has applied for variances in order to utilize the fifteen (15) point plan within this facility and to further provide additional fire alarm coverage.  

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby authorizes the Applicant to utilize the fifteen (15) point plan outlined in section 31.1.1.3 of the Rhode Island Life Safety Code.  The Board further directs the Applicant to provide this facility with approved fire extinguishers within fifteen (15) days of the date of this decision and to provide this facility with an approved fire alarm system within ninety (90) days of the date of this decision.  If additional time is needed for other items of the fifteen-point plan, the Applicant is provided with an additional thirty (30) days from the date of this decision in order to make those corrections.

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)].