The above-captioned case was originally scheduled for hearing on February 27, 2007 and a decision was issued on May 9, 2007 in file number 050190.  The case was thereupon re-heard by the Board on November 27, 2007 and a decision was thereupon rendered on March 6, 2008.  The Applicant has returned requesting an amended decision in light of the fact that he has decided to empty the apartments on the second and third floors of this facility as part of his decision to sell this facility.  The Board was further advised by the State Fire Marshal's office that the daycare deficiencies have been corrected in the most part, and any remaining deficiencies would be corrected at the direction and to the satisfaction of the State Fire Marshal's office.  Finally, the Board was advised that the only question before it would be to grant the Applicant a time variance in order to correct the remaining deficiencies in the upper levels of this facility, at the direction and to the satisfaction of the State Fire Marshal's office prior to the re-occupancy of the second and third floors of this facility.
Accordingly, the above captioned case was most recently scheduled for hearing on March 17, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Jasparro and Richard were present.  The fire service was represented by Deputy State Fire Marshal Arthur DaCosta of the State Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby incorporates its original decisions in file numbers 050190 and 050190 A as its initial findings of fact in this case.  In addition, the Board notes that the Applicant has vacated the second and third levels of this facility and that the primary occupancy of the facility is now daycare.  Finally, the Board finds that the Applicant wishes to be granted a time variance in order to correct all remaining deficiencies in this facility prior to the re-occupancy of the second and third floors.
	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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby amends its prior decisions in file numbers 050190 and 050190 A in order to allow the Applicant to correct all of the deficiencies in the upper level of this facility prior to re-occupancy of the second and third floors of this facility.  Specifically, it is the understanding of the Board that the current day care occupancy of this facility is in full compliance and that the Applicant plans to sell the facility.  Accordingly, any new owner of this facility shall be advised by the Applicant of the outstanding deficiencies on the upper levels and shall be corrected prior to re-occupancy.

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)].