The above-captioned case was originally scheduled for hearing on January 11, 2011 and a decision was issued on March 18, 2011 covering file numbers 090317 and 100269.  The above captioned case was most recently scheduled for hearing on December 4, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Walker, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original decision in file numbers 090317 and 100269 as its initial findings of fact.  The Board further finds that part of the original decision in this matter would have required the Applicant to provide above-ceiling heat detection throughout this facility.  The Board further finds that this heat detection requirement has been deleted from the fire code which would go into effect on January 1, 2013, thereby rendering this requirement moot as of that date.  The Board further finds that the Applicant needs additional time to upgrade the fire alarm system of this facility.  Finally, the Board finds that all other fire code deficiencies have been corrected by the Applicant.
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance until January 1, 2013 in order to have the heat detection requirement reviewed under the terms and conditions of the new fire code which would render this deficiency moot.  The Board further grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit final plans to the State Fire Marshals Office for the complete upgrade of the fire alarm system of this facility.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.  Finally, the Board hereby grants the State Fire Marshals Office the authority to extend either or both of the above timelines for good faith efforts being demonstrated 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)].