The above-captioned case was originally scheduled for hearing on April 11, 2006 and a decision was subsequently issued in file number 060062.  As part of that decision, the Board directed the Applicant and the Fire Marshal's Office to work together in good faith in order to resolve the remaining issues for this facility and return with a plan of action on June 27, 2006.  Accordingly, the above captioned case was thereupon rescheduled for hearing on June 27, 2006 and a plan of action was presented at that time.  A decision, outlining the approval of the plan of action, was thereupon issued in file number 060062A on July 21, 2006.  Part of the above decision provided the Applicant with a time extension.
The above captioned case was most recently scheduled for hearing on January 6, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Pearson, Walker, Jasparro, Preiss and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook 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 060062 and 060062A as its initial findings of fact in this case.  In addition, the Board has been advised that the Applicant is seeking an additional time extension due to the difficulty in finding an alternative site for the subject ice rink.  The Board further finds that the Woonsocket Fire Marshal's Office has reported that the Applicant has complied with many of the active fire protection features required for this building along with providing appropriate separation.  The Board further finds that the Applicant has continually worked with the Woonsocket Fire Marshal and any event having in excess of three hundred (300) people has been assigned a detail fire fighter.  Finally, it is the understanding of the Board that the Woonsocket Fire Marshal's Office does not have a problem with continuing the current situation while the Applicant is in the process of negotiating for an alternative site and/or determining whether to demolish the building on the current site and establishing a compliant structure thereon.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby extends the original September 1, 2009 deadline for sprinkler coverage in this ice rink by an additional thirty-six (36) months.  Accordingly, the original deadline as outlined in item 3 of the decision in file number 060062A has been extended until September 1, 2012.  In all other respects, the decision in file number 060062A shall remain in full force and effect.

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)].