The above-captioned cases were originally scheduled for hearing on October 26, 2010 and a decision was rendered covering file numbers 080210, 080211, 080212, 080213, 080214, 080215, 080216, 080217 and 080258.  Pursuant to the request of the parties, the above captioned cases were rescheduled for hearing on August 30, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Richard, Blackburn, Burlingame, Sylvester, Jackson and Dias were present.  Commissioner Walker recused himself from consideration of these cases.  The fire service was represented by Assistant Deputy State Fire Marshals Oscar Elmasian, James Bellamy and Robert Powers of the East Providence Fire Marshals Office.  A motion was made by Commissioner Sylvester 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 080210, 080211, 080212, 080213, 080214, 080215, 080216, 080217 and 080258 as its initial findings of fact in these cases.  In addition, the Board finds that the original bond issue was passed by the voters in 2010 and that the Applicant is in the process of completing the required work for these facilities.  The Board was further advised that the Phase I work should be completed by the end of November 2011.  
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant an additional time variance in order to complete the Phase I work by the end of November, 2011.  Accordingly, the Applicant shall have this work completed on or before November 30, 2011.  The Board further grants the East Providence Fire Marshals Office the authority to extend the above time line for good faith efforts being shown by the Applicant. The Board notes that, in light of the above time variance, the Applicant shall be authorized to continue to utilize the areas requiring the sprinkler system until the project is complete. The Board further notes that, upon the installation of the sprinkler system, the Applicant shall no longer be required to install windows for rescue. Finally, the Board notes that the fire marshals office is authorized to grant certain dimensional relief, in this and similar cases, outside of the variance process. 
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)].