The above-captioned cases were originally scheduled for hearing on March 18, 2008 and a decision, covering these facilities, was issued with the file numbers 070570 and 070579.  The above decision outlined a plan of action for the correction of the deficiencies within this facility and further incorporated a timetable.
The Applicant has now returned requesting additional time to complete the work within this facility and the Providence Fire Marshal's office had no objection, noting that the Applicant was meeting the challenges presented.  Accordingly, the above captioned cases were most recently scheduled for hearing on September 30, 2008 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Pearson, Jasparro, Jackson, Blackburn, Dias, Richard and Walker were present.  Chairman Coutu re-entered the hearing as it was ongoing.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence 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 Board hereby incorporates its original findings of fact in file numbers 070570 and 070579 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has been working closely with the Providence Fire Marshal's office and that the Providence Fire Marshal's office is satisfied with his progress.  In addition, the Board finds that the Applicant is requesting additional time in order to complete the proposed fire safety upgrades to this facility on or before February 1, 2009.  Finally, the Board finds that the Applicant has agreed to provide this facility with approved fire extinguishers within fifteen (15) days of the date of the hearing on this matter.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance until February 1, 2009 in order to complete all remaining work within this facility.  As a condition of this time variance, the Board directed the Applicant to provide this facility with approved fire extinguishers within fifteen (15) days of the September 30, 2008 hearing on this matter.  In granting this relief, the Board notes that the Providence Fire Marshal's office had no objection.
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)].