The above-captioned case was originally scheduled for hearing on October 21, 2010 and a Decision, outlining a comprehensive plan of action for this facility, was thereupon issued on December 14, 2010. The above-captioned case was most recently scheduled for hearing on May 17, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Preiss, Jasparro, Walker, Pearson and Dias were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Joseph Bento of the Portsmouth Fire Marshals Office.  A motion to grant the Applicant a final time extension, was made by Commissioner Dias and seconded by Commissioner Walker.  The motion passed over the opposition vote of Commissioner Preiss. 

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact from its Decision in File Number 100218 as its initial findings of fact in this case. In addition, the Board finds that the Applicant has ordered the required fire alarm components for this facility. However, the Applicant was apparently not able to install the fire alarm system within the original time period granted in its Decision in File Number 100218. The Board was advised and finds that several additional items were also not addressed within the original time period.   
	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.	The Board hereby grants the Applicant a final time extension, of sixty (60) days from the May 17, 2011 hearing date, to bring the remainder of this facility into full compliance with its original Decision issued in File No. 100218. The Board hereby grants the Portsmouth and/or State Fire Marshals Offices the authority to extend the above deadline for good faith efforts being demonstrated by the Applicant. However, once the above time variance and any additional extensions granted by the above fire marshals have expired, the Board directs the above fire marshals to turn this case over to the Division of Enforcement within the State Fire Marshals Office. 
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)].