The above-captioned facility was originally reviewed by the Board on June 30, 1994 and a decision, outlining a plan of action, was issued on August 18, 1994.  The facility was thereupon revisited on November 19, 2002 and an amended decision was issued by the Board on November 22, 2002.  The Applicant has now re-appeared before the Board in order to reinstate the prior variances and to outline the plan of action for the upgraded fire safety of this facility.  
Accordingly, the above captioned facility was most recently scheduled for hearing on August 2, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame and Filippi were present.  The fire service was represented by Chief Deputy Richard James of the State Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Blackburn 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 930226 and 930226A as its initial findings of fact in this case.  In addition, the Board has been advised and finds that the Applicant is requesting that the variances granted in the above captioned cases are reinstated.  The Applicant further advised the Board that all other work, required from the original decisions, has been completed.  Finally, the Board was advised and finds that the Applicant needs additional time to upgrade the fire alarm system of this facility, and to provide a fire alarm pull station behind the judges desk at this facility.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby reaffirms the original variances granted in file numbers 930226 and 930226A.  
	2.  The Board hereby grants the Applicant a time variance of one (1) year from the date of this decision in order to bring the existing fire alarm system of this facility into full compliance with the current fire alarm standards.
	3.  The Board hereby grants a variance in order to allow the Applicant to provide this facility with an approved fire alarm pull station behind the judges desk, installed at the direction and to the satisfaction of the State Fire Marshal and the Newport Fire Alarm Superintendent.  This variance is granted pursuant to the historical significance of this facility.

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)].