This matter was originally scheduled for hearing on September 9, 2003.  At that time, the Board directed that this facility be reviewed by an onsite subcommittee.  The subcommittee presented their findings and recommendations to the full Board during the regularly scheduled meeting on September 30, 2003.  The initial recommendations were thereupon approved by the Board.  One of these recommendations was for the Applicant to present the full Board with a comprehensive plan of action with timetables for review on October 28, 2003.  A hearing was thereupon conducted on October 28, 2003 and the Board issued a decision in file number 030311 on March 10, 2004.  The Applicant has now returned to request additional time to comply with certain components of the above decision.

The case was most recently scheduled for hearing on June 7, 2005 at 1:00 P.M.  At that time, a subcommittee of the Board consisting of Chairman Farrell, Vice Chairman Coutu and Commissioners Newbrook and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Frank Sylvester and Arthur Jacques of the Limerock Fire Marshal’s office and Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshal’s office.  A motion was made by Commissioner Newbrook and seconded by Vice Chairman Coutu to recommend the subcommittee’s determination to the full Board.  The motion passed the subcommittee.  Accordingly, the subcommittee recommendations were presented to and approved by the full Board on June 16, 2005.

FINDINGS OF FACT
	
The Board hereby adopts its original finding of fact in file number 030311 as its original findings of fact in this case.  In addition, the Board finds that the Applicant needs additional time in order to install the requested fire pump for this facility, complete the sprinkler coverage, and complete the construction of a new fire stair tower.  It is the understanding of the Board that all other fire code deficiencies have been corrected by the Applicant within the original time frame.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the Applicant a time extension until December 1, 2005 in order to allow the Applicant to utilize the existing fire pump until the new fire pump is installed in this facility on or before December 1, 2005.  The above time variance would further apply to the completion of the sprinkler system for this facility as outlined in the original decision, and finally for construction of a fire stair tower as presented by the Applicant during the hearing.  Specifically, those items outlined by the Applicant’s director of facilities in his letter dated May 4, 2005, shall be granted an extension of time for compliance until December 1, 2005.  Accordingly, the May 4, 2005 correspondence from the Applicant’s director of facilities shall be incorporated into this decision by reference.

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)].