The above-captioned case was originally scheduled for hearing on September 27, 2005 at 1:00 P.M.  At that time the Board approved a plan of action for this facility.  The Boards plan of action is outlined in file 050545.  After this decision was issued, Commissioner Preiss was advised by one of his business associates that he may become involved in this project.  Accordingly, Commissioner Preiss so advised the Board and it was determined that this matter should be reconsidered with Commissioner Preiss recusing himself. 
Accordingly, a second hearing on this matter was scheduled for hearing on January 10, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Newbrook, Burlingame and Richard were present.  Commissioner Preiss recused himself from consideration of this case.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn to reaffirm the original decision in file 050545.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file 050545 as its initial findings of fact in this case.  The Board further finds that one of its members may become involved in this project.  Accordingly, the subject member immediately advised the Board and it was determined that this matter should be reviewed in his absence.
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby reaffirms its original decision in file 050545.  

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)].