This case was originally scheduled for hearing on May 1, 2007 and a decision was subsequently issued.  The case was most recently before the Board on April 15, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Jasparro, Jackson, Filippi, Blackburn and Preiss were present.  The fire service was represented by Deputy State Fire Marshals Cynthia Dehler and Arthur DaCosta of the State Fire Marshals Office.  A motion was made by Vice Chairman Newbrook 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 number 060740 as its initial findings of fact in this case.  In addition, the Board finds that all but two items of the original decision have been completed by the Applicant.  The Board further finds that the Applicant is requesting an additional three (3) months to address the remaining two items.  The Board further finds that the Applicant has been approved for re-financing but now must obtain flood insurance in order to satisfy the mortgage contract.  The Board further finds that the procedure for securing flood insurance has caused additional delays in the Applicants financing.  Finally, the Board finds that the Applicant has been making a good faith effort in order to bring this facility into full compliance with the State Fire Code.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant an additional time variance of three (3) months from the date of the April 15, 2008 hearing in which to correct the remaining deficiencies as outlined in the original inspection report and the Boards decision in file number 060740.

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)].