The above-captioned case was most recently scheduled for hearing on June 13, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Burlingame, Pearson, Filippi and OConnell were present.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.  The motion passed with Commissioner Blackburn abstaining.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 050111 as its findings of fact in this case.  The Board further finds that by letter dated May 22, 2006, the Applicant is requesting a time extension in order to resolve the remaining deficiencies within this facility.  The Applicant expects that the work shall be completed by September of 2006.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time extension until September 30, 2006 in which to correct the remaining deficiencies in file number 050111.  The Board hereby grants the State Fire Marshal's office the ability to extend this time up to an additional ninety (90) days if it is satisfied that the Applicant has made a good faith effort to meet the above deadline.

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)].