This matter has previously been before the Board and was most recently scheduled for hearing on October 4, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Raymond Gomes of the Newport Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Sylvester to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Dias.
FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 070554A and 070554 as its initial findings of fact in this case.  In addition, the Board finds that the required systems have been installed but need to be connected to the water supply.  The Board further finds that the Applicant is in compliance with all other fire code requirements and that the Newport Fire Marshals Office had previously extended the deadline for the Applicants connecting of the sprinkler system to the municipal water supply.  Finally, the Board finds that the Applicant has requested an additional ninety (90) days in which to connect the water supply, but the Newport Fire Marshals Office has indicated that, in light of the previously granted time extensions, the Applicant should be able to complete this project within thirty to forty-five days.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In light of the above, the Board hereby grants the Applicant an additional time variance in order to bring this facility into full compliance with the code and the original decision on or before November 30, 2011.  Specifically, by November 30, 2011, the Board has directed the Applicant to connect the system to the municipal water supply and activate the required sprinkler coverage within this facility.  In granting this extension, the Board notes that the Applicant originally had 150 days to comply and that this period of time was, in fact, extended previously by the Newport Fire Marshals Office.  The Board further notes that this time extension until November 30, 2011 goes beyond the period suggested by the Newport Fire Marshals Office and is slightly less than the period suggested 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)].