The above-captioned case was scheduled for hearing on May 24, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Blackburn, Preiss, Walker, Jasparro, Dias and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Frank Dunton of the Woonsocket Fire Marshals Office.  The Applicant did not appear. However, the Woonsocket Fire Marshal advised that he had no objection to the Applicants request for a time extension. A motion was thereupon made by Vice Chairperson Filippi and seconded by Commissioner Jasparro 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 29, 2007 inspection report compiled by the Woonsocket  Fire Marshals Office. The above report was utilized by the Board and the Woonsocket Fire Marshals Office during the May 24, 2011 hearing on this matter. While the Applicant did not appear at the hearing, the Woonsocket Fire Marshal advised the Board that he had no objection to the Applicants requested time extension.   Accordingly, the Board hereby incorporates the January 29, 2007 report 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1 through 15.	The Board hereby closes this file and grants a time variance of one hundred and twenty (120) days, from the date of this Decision, in order to allow the Applicant to correct any remaining deficiencies, as outlined on the January 29, 2007 inspection report, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office. The Board further grants the Woonsocket Fire Marshals Office the authority  to extend the above timeline for compliance in light of good faith efforts being demonstrated by the Applicant. In granting this relief, it is the understanding of the Board that the Woonsocket Fire Marshals Office has no objection.     

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)].