The above-captioned case was previously before the Board and a decision was most recently issued on October 28, 2011 in file number 080233A.  The above captioned case has returned to the Board pursuant to a request of the City Manager dated July 27, 2012.  The City Managers request advised the Board that the Citys current goal was to have the construction contract commence on November 1, 2012.  This most recent request was scheduled for hearing on August 21, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Burlingame, Sylvester, Jasparro and Dias were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals James Bellamy and Oscar Elmasian of the East Providence Fire Marshals Office.  A motion was made by Commissioner Jasparro and seconded by Commissioner Sylvester 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 080233A as its initial findings of fact in this case.  In addition, the Board adopts the July 27, 2012 letter from the East Providence City Manager as its supplemental findings of fact.  Accordingly, the Board finds that the Applicant needs additional time to submit and implement a plan of action for the correction of all remaining deficiencies including the required sprinkler system.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant an additional time extension until November 1, 2012 in order to submit a plan of action to the East Providence Fire Marshals Office for the installation of a fully compliant sprinkler system in this facility and the correction of all remaining deficiencies.  The Board further grants the Applicant an additional 120 days in order to implement the above plan of action at the direction and to the satisfaction of the East Providence Fire Marshals Office.  The Board notes that the East Providence Fire Marshals Office may extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant and pursuant to the understanding that the Applicant shall submit monthly progress reports to the East Providence Fire Marshals Office in the event the Applicant is granted additional time by that Office.

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)].