The above-captioned case was originally heard by the Board on November 6, 2007 at which time the Board granted the Applicant a time variance until April 30, 2008 to return to the Board with a plan of action reviewed with the State Fire Marshal and addressing deficiencies 1 through 7 of the original June 8, 2007 inspection report covering this facility.  The above captioned case was thereupon rescheduled for hearing on April 29, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Preiss, Jasparro, Jackson, Walker, Filippi and Dias were present.  The fire service was represented by Deputy State Fire Marshal David Cionfolo of the State Fire Marshals Office.  A motion was made by Commissioner Jackson 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 as outlined in file number 050051 as its initial findings of fact in this case.  In addition, the Board has been advised that the Applicants contract with DCYF to maintain this facility ends on June 30, 2008.  The Board was further advised by the parties that the Applicant shall close his program on that date.  Accordingly, the parties plan of action is to request a time variance until June 30, 2008 in order to allow the Applicant to maintain the residential occupancy until the program ends.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-7.  The Board hereby grants the Applicant a time variance until June 30, 2008 in order to allow the Applicant to complete the contractual program it has with DCYF which the Board understands will terminate on June 30, 2008.  In granting this relief, it is the understanding of the Board that the Applicant shall close his program on June 30, 2008 upon the termination of the DCYF contract period.

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)].