The above-captioned case was originally scheduled for hearing on May 1, 2007 at 1:00 P.M.  As a result of that hearing, the Applicant was issued a written decision dated September 5, 2007 in file number 070145.  The above captioned case was most recently scheduled for hearing on January 18, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Jasparro, Dias, Pearson, Jackson, Preiss and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Fire Chief Gerald Bessette of the Barrington Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of the original decision in file number 070145.  The above decision was utilized by the Board, the Applicant and the Barrington Fire Marshals Office during the January 18, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the original decision in file number 070145 as its initial findings of fact including the decisions reference to the Barrington Fire Marshals March 2, 2007 inspection report.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby extends the original time line for the installation of the fire alarm system in this facility to September 1, 2012.  The Board notes that the original variance was granted pursuant to the parties understanding that this building would be demolished.  However, the Applicant has advised that the permitting process was much longer than originally anticipated but they currently have zoning approval.  Finally, the Board grants the Barrington Fire Marshals Office the authority to extend the above deadline for good faith efforts being shown by the Applicant.
	2.  The Board hereby reaffirms the variance granted in item 2 with regard to sprinkler coverage and further conditions this coverage upon the timelines outlined in item 1 above.

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)].