The above-captioned case was most recently scheduled for hearing on July 29, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Silva and Richard Fournier of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 080060 as its initial findings of fact in this case.  In addition, the Board finds, as a result of the July 29, 2008 hearing, that the Providence Fire Marshal's office has reported significant progress in this facility.  Specifically, the fire alarm is being installed and the spray booth issues are being resolved.  The Board further finds that the structural elements of this facility have been reviewed by the Building Official who has determined that the structural elements are sound.  The Board further finds that the Providence Fire Marshal's office has been working with the owners of the facility in establishing documentation on the egress and access systems of this facility.  Finally, the Board finds that in light of the Applicants good faith efforts, it would be appropriate to allow the Providence Fire Marshal's office the authority to extend the original time limits in this case for continued good faith efforts shown by the Applicant.  
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Providence Fire Marshal's office the authority to extend the original time limits in this case in light of the continued good faith efforts being made 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)].