The above-captioned case was originally scheduled for hearing on January 4, 2011. At that time, the Board approved a plan of action for this facility as outlined in File No. 090278. This matter was most recently heard by the Board on June 14, 2011 at 1:00 P.M. pursuant to the Applicants request for additional time. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester and Dias were present.  The fire service was represented by Chief Plan Review Officer Wade Palazini, and Senior Inspector Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Vice Chairperson Filippi to grant the Applicant the relief outlined herein.  The motion passed with Commissioner Blackburn abstaining.  


FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in File No. 090278 as its initial findings of fact in this case. In addition, the Board was advised and finds that, in order to secure the required permits to continue to correct the deficiencies within this building, the Applicant has prepared plans and will be submitting them to the Providence Zoning Board as soon as possible. The Board further finds that the Applicant will need additional time, after the zoning appeal period, to complete this project. Finally, the Board finds that the State Fire Marshals Office has no objection to a time extension conditioned upon the Applicant continuing not to occupy rear area of the building.  
	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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the state fire code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).
CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a time extension of one hundred twenty (120) days beyond the Providence Zoning Board appeal period in order to secure zoning, the proper permits, and to complete the remaining work necessary to comply with the original plan of action as outlined in the Decision in File No. 090278. As a condition of the above time extension, the Board directs the Applicant to apply to the Providence Zoning Board as soon as possible and to continue not to occupy the rear portion of this facility until the plan of action has been completed to the satisfaction of the Chief Plan Review Officer of the State Fire Marshals Office. 
STATUS OF DECISION AND APPEAL RIGHTS
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)].