The above-captioned case was scheduled for hearing on May 15, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Walker, Jasparro, Jackson, Sylvester, Burlingame and Richard were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Burlingame, Dias and Pearson.
FINDINGS OF FACT
	The Board hereby adopts its original decision in file numbers 090172, 090228 and 090294 as its initial findings of fact in this case.  The Board notes that the above decision was issued on December 21, 2011.  The Board further finds that the Applicant has been working diligently with the State Fire Marshals Office and that the parties have developed an approved time line for the implementation of the original decision in this matter.  Specifically, the Board finds that the Applicant has requested a time variance until July 15, 2012 in order to execute an easement agreement with Old Farm, LLC, which is currently in draft form between the parties.  The Board further finds that the Applicant has requested a time variance until November 15, 2012 in order to install a new six hundred (600) foot water line into this building.  The Board finds that the Applicant has requested an additional time variance until November 15, 2013 in order to completely install the lower floor sprinkler system of this facility which would include the child care area.  The Board finds that the Applicant has requested a time variance until November 15, 2014 in order to sprinkler the main floor of this facility.  The Board finds that the Applicant has requested a time variance until November 15, 2015 in order to sprinkler the upper level of this facility.  The Board finds that the State Fire Marshals Office has been working closely with the Applicant and has no objection to the requested modified time lines.  It is the understanding of the Board that all other fire code deficiencies within this facility have been corrected by the Applicant.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby amends its original decision covering file numbers 090172, 090228 and 090294 in order to incorporate the following time schedule for the completion of sprinkler coverage within this facility.  The Board hereby approves the following time schedule developed by the parties.
	July 15, 2012:  Executed easement agreement with Old Farm, LLC.
	November 15, 2012:  New six hundred (600) foot water line installed into the building.
	November 15, 2013:  Lower floor sprinkler system installed.
	November 15, 2014:  Main floor sprinkler system installed.
	November 15, 2015:  Top floor sprinkler system installed.

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)].