The above-captioned facility was originally scheduled for hearing on March 29, 2005.  The matter was thereupon reassigned to September 20, 2005.  During the September 20, 2005 hearing on this matter, it was determined that a subcommittee of the Board should conduct an on-site review of the facility.  Accordingly, the subcommittee on-site review of the facility was conducted on September 27, 2005 at 10 A.M.  The full Board reviewed the case and the subcommittees recommendations later that day at 1:00 P.M.  A decision was thereupon issued in file number 040253 on November 16, 2005.  
The parties have now returned to the Board and advised that Board that items 2, 3, 4, 5, 6, 8 and 9 have been completed by the Applicant.  However, there appeared to be the need for additional time to correct deficiencies 1 and 7.  The Applicant further needed additional time in order to provide a rated separation partition in Ballys in order to reduce the assembly occupancy and to further provide the State and North Providence Fire Marshal's offices with a plan to address the exposed glass within this facility.  The above issues were scheduled for hearing on November 21, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Pearson and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office and ADSFM Gregory Unsworth and ADSFM John Wheeler of the North Providence Fire Marshal's office.  A motion was made by Commissioner Filippi and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby incorporates its original decision in file number 040253 as its initial findings of fact in the above captioned case.  Any modification of the Boards decision, or extensions thereof, shall be noted herein. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant an additional 120 days from the date of this decision in order to provide a rated separation partition in Ballys in order to reduce the assembly occupancy and to further provide the North Providence and State Fire Marshal's offices with a plan of action to address the glass panels outlined in item 7 of the original decision and to execute that plan of action within the above time period.  The 120 days would extend to the correction of all of the items in the original decision including item 1 which is the upgrade of the fire alarm system of this facility.

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)].