The above-captioned case was originally scheduled for hearing on February 24, 2009 and a decision in this case was issued on June 24, 2009.  This case was most recently heard on August 4, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Blackburn, Richard, Jackson, Jasparro, Dias and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Christine Kent of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Vice Chairman Newbrook and Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby adopts its original decision in file number 060601 as its initial findings of fact in this case.  In addition, the Board finds that, by letter dated July 1, 2009, the Applicant has advised it that, due to construction delays, the Applicant would not be able to move from the subject facility as originally planned.  The Board further finds that the Applicant is requesting additional time in which to make the transition.  Finally, the Board finds that the State Fire Marshal's office has no objection to a final deadline of December 31, 2009 for the Applicant to either correct all deficiencies or vacate the facility.
CONCLUSIONS AND VARIANCE REQUESTS 
	1-9.  The Board hereby amends its original decision in file number 060601 by extending the time variance from June 30, 2009 to December 31, 2009 for the correction of all deficiencies or to vacate this facility at the direction and to the satisfaction of the Newport Fire Marshal's office and the State Fire Marshals office.  At the request of the State Fire Marshal's office, the Board notes that this is a final time extension and that no further time extensions will be provided by the Board.  Accordingly, this facility shall either be in full compliance with the code on or before December 31, 2009 or it shall be vacated as of that date.

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)].