The above-captioned case was heard on previous occasions by the Board and specific decisions were mailed on October 20, 2005 and May 15, 2006.  The Applicant has returned to the Board requesting a time extension from the latest decision.  The requested time extension was scheduled for hearing on June 20, 2006 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Blackburn, Preiss, Richard and Newbrook were present.  The fire service was represented by Chief of Inspections William Howe of the State Fire Marshals Office.  The Board was further in receipt of a letter dated June 20, 2006 from Assistant Deputy State Fire Marshal Christopher Kirwin of the Newport Fire Marshal's office.  In his letter, Marshal Kirwin advised that he had approved a set of drawings for an external stair to serve as the second means of egress from the second floor of this facility and that he had no objection to the requested time extension.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to allow the Applicant to complete the construction of the external staircase prior to the re-occupancy of the second floor of this facility.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file numbers 050048 and 050048A as its preliminary findings of fact in this case.  In addition, the Board finds that the Applicant has been working in good faith with the Newport Fire Marshal's office but only recently had their plans approved by that office for the construction of a new external staircase.  It is the understanding of the Board that all other fire code deficiencies in this facility have been corrected by the Applicant.
	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 a time extension to complete the external staircase of this facility prior to the re-occupancy of the second floor of this building.  In granting this time extension, it is the understanding of the Board that the Newport Fire Marshal's office has no objection.

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)].