The above captioned case was originally heard by the Board May 29, 200l.  At that time a plan of action for this facility was developed and a written Decision was issued on July 9, 2001.  The Applicant subsequently repetitioned the Board requesting additional time.  The Applicant’s request was scheduled for hearing on November 6, 2001 at l:00 p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Pearson, Filippi, Richard and Burlingame were present.   The fire service was represented by Assistant Deputy State Fire Marshal Charles Lawrence of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  This motion passed over the opposition vote of Member Burlingame.

FINDING OF FACT
		
The Board hereby adopts its original findings of fact in File No.:  0l0005.  The only additional findings that the Board shall make is that the Applicant is unable to comply within the original guidelines and has requested additional time to comply.

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 an additional time variance of ninety (90) days from the date of this Decision, in order to correct deficiency #l6 of the original Decision by providing this facility with an approved fire alarm system and its approved smoke detection, at the direction and to the satisfaction of the Providence Fire Marshal or designee.

2.	The Board hereby grants the Applicant an additional time variance of sixty (60) days from the date of this Decision in order to correct deficiencies #l and #2 by certifying the safety of the fire escape of this facility and moving the fire escape ladder, at the direction and to the satisfaction of the Providence Fire Marshal.

3.	The Board hereby grants the Applicant an additional time variance of thirty (30) days from the date of this Decision in order to correct all remaining deficiencies within the original Decision outlined in File No.: 0l0005.

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 within 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)]