The above-captioned case was originally heard by the Board on March 16, 2010 and a written decision in this case was mailed on May 12, 2010.  By letter dated November 9, 2010, the Applicant requested that the file be opened and that the original decision be amended to allow for partial use of the facility on a limited basis as outlined herein.  
Accordingly, the above captioned case was rescheduled for hearing on January 11, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Pearson, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jason Simmons of the Watch Hill Fire District Fire Marshals Office and Deputy State Fire Marshal Katelyn Foley of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Preiss abstaining from the vote.

FINDINGS OF FACT
	The Board hereby adopts is original findings of fact in file number 070398 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant complied with the above decision which in part required that the facility be closed as of October 1, 2010.  As a result of the rehearing on this matter, the Board finds that the subject facility maintains a parking lot which can park over two hundred (200) cars.  The Board further finds that the ordinances of the Town of Westerly require that any commercial parking lot owner within the Town must obtain an annual license, and that in order to obtain such a license, a male and female bathroom is needed for every one hundred (100) cars in the subject parking lot.  The Board finds that the Applicant has returned to request permission to utilize the direct exterior access bathrooms of this facility in order to secure the above municipal parking lot license.
	The Board further finds that there is no access to the bathrooms from the subject facility and they would only be open when the parking lot is open and that there is always an attendant on duty during this period of time.  The Board further finds that the bathrooms would be open from Memorial Day to Labor Day.  The Applicant has agreed with the Fire Marshals request not to store paper goods in the bathroom and the parties are in agreement that the issue of separation has already been addressed by the Applicant.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby amends its original decision in order to allow the Applicant to utilize the bathrooms of this facility as outlined above conditioned upon the Applicant bringing the remainder of the facility into full compliance with the State Fire Code on or before Memorial Day of 2012.

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)].