The above-captioned case was originally heard on February 5, 2008 and a decision was rendered in file number 070366.  The Applicant thereupon returned to address the issue of existing sprinkler heads in the facility on March 11, 2008.  The second decision was issued in file number 070366A.  The Applicant has returned a third time to request additional time for the completion of the sprinkler head issue.  The Applicants most recent request was scheduled for hearing by the Board on August 18, 2009 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Jackson, Dias, Walker, Pearson and Filippi were present.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Jackson 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 numbers 070366 and 070366A as its initial findings of fact in this case.  In addition, the Board was advised by the Applicants representative and hereby finds that all of the violations in the three (3) outbuildings of this complex have been completed.  The Board was further advised and finds that the Applicant has corrected the municipal fire alarm system and that the only outstanding issue is the sprinkler coverage in the bleach house area of the larger building.  The Board finds that the bleach house area is approximately 80,000 square feet within a 550,000 square foot complex.  The Board was further advised by the Applicants representative that this area had been used for the storage of equipment and that there had been no active manufacturing in this area.  The Board was further advised that there is only limited sporadic occupancy of this area.  Finally, the Board finds that the Applicant had one (1) year from the hearing in file number 070366A in which to correct this deficiency and that the Applicant is requesting additional time.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby authorizes the State Fire Marshal's office to extend the March 11, 2009 deadline for compliance with item 17, as outlined in the Boards decision in file number 070366A.  Specifically, the State Fire Marshal's office is authorized to extend the above deadline as long as the State Fire Marshal's office is satisfied that the Applicant is engaging in good faith efforts to comply with the decision outlined in file numbers 070366 and 070366A.

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)].