This facility was previously before the Board and a plan of action, developed by the Applicant and the Providence Fire Marshal's office, was previously approved.  More recently, the Applicant returned to the Board to address an egress question allowing for the use of non-remote egress doors on a temporary basis while the Applicant implemented a plan to provide a third means of egress on the side of the building.  This means of egress required the use of an easement over property of the adjoining land owner.  The Applicant now reports that the validity of the easement has been brought into question by the adjoining land owner.  Accordingly, the Applicant has advised that he needs additional time in order to rectify the situation.  
The most recent hearing on this case was scheduled for hearing on January 13, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Pearson, Walker, Jasparro, Preiss and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Fournier of the Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Vice Chairman Newbrook and Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	1.  The Board hereby incorporates its original findings in file number 080046 as its initial findings of fact in this case.  In addition, the Board finds that the adjoining land owner has challenged the easement that the Applicant wished to utilize in providing exit discharge from this facility.  The Board further finds that the Applicant needs additional time.  Finally, the Board notes that the Providence Fire Marshal's office has no objection to the Applicants request for additional time in light of the Applicants providing this facility with the new non-remote exits and the Applicants agreement to pursue the construction of a third remote means of egress.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Providence Fire Marshal's office the authority to extend the deadlines outlined in file number 080046 while the Applicant is reviewing his options in establishing remote egress from this facility.  The Board notes that this extension of the Providence Fire Marshal's office may be indefinite in nature if the Applicant is unable to utilize the proposed easement and the Providence Fire Marshal's office remains satisfied with the current egress system.

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)].