The above-captioned case was originally scheduled for hearing on November 9, 2010 at 1:00 P.M.  Upon the conclusion of that hearing, the Applicant was granted a time variance in order to provide this facility with an approved municipally connected fire alarm system and an approved key access box.  
The Applicant has returned to request additional time from the Board, and that hearing was scheduled for July 12, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Sylvester, Jackson, Jasparro, Walker and Pearson were present.  Commissioner Dias recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Frank Mills and Paul Doyle of the Providence Fire Marshals Office.  The fire service was further represented by Chief of Inspections Scott Caron of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file number 100249 as its initial findings of fact in this case.  Additionally, the Board finds that the parties have returned to request additional time to install the fire alarm and key access box.  It is the understanding of the Board that the Applicant has corrected all remaining deficiencies in this facility.
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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-2.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in which to provide this facility with an approved municipally connected fire alarm system along with an approved key access box, installed at the direction and to the satisfaction of both the Providence and State Fire Marshals offices.  
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)].