The above-captioned case was originally scheduled for hearing on April 19, 2011 and the original decision on this matter was mailed on June 10, 2011.  By letter dated February 15, 2012, the Applicant advised the Board that all of the deficiencies had been corrected with the exception of the fire alarm box.  The Applicant requested to appear before the Board to appeal for additional time.  Accordingly, the above-captioned case was most recently scheduled for hearing on March 27, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Blackburn, Burlingame, Sylvester, Jackson, Jasparro, Walker and Dias were present.  The fire service was represented by Deputy State Fire Marshal Michael Macaruso of the State Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.
FINDINGS OF FACT
	The Board hereby incorporates its decision in file number 110082 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has corrected all of the deficiencies within this facility with the exception of the fire alarm system.  Based upon the testimony taken during the hearing, the Board finds that the State Fire Marshals Office was primarily concerned with the Applicants fire alarm panel which appears to be signaling trouble.  The Board was further advised by the Fire Marshal that he had discussed this issue with the fire alarm company, and the fire alarm company had indicated that the repair for the panel would be less than 2,000.00.  In light of the above information, the Applicant advised the Board that he would proceed with repairing the panel in accordance with the projected cost secured by the Fire Marshal.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to either repair or replace the fire alarm panel in this facility, at the direction and to the satisfaction of the State Fire Marshals office.  The Board further authorizes the State Fire Marshals Office to extend the above timeline for good faith efforts being shown by the Applicant.

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)].