The above-captioned case was previously before the Board and a decision, in file number 050570 was issued on November 20, 2006.  The Applicant has returned and the most recent hearing on this matter was scheduled for hearing on February 26, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Preiss, Jackson, Jasparro and Filippi were present.  The fire service was represented by Acting West Warwick Fire Chief Tellier and Assistant Deputy State Fire Marshal Albert Heroux of the West Warwick Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Richard 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 number 050570 as its initial findings of fact in this case.  In addition, the Board finds that this facility was re-inspected by the West Warwick Fire Marshal's office and that the Applicant is seeking additional time.  The Board further finds that the Applicant is seeking to re-activate the previously granted relief based on compliance with the new timetable.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of 120 days from the February 26, 2008 hearing date in order to provide the hood with an approved make up air system, installed at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	2.  The Board hereby grants the Applicant an additional sixty (60) days from the February 26, 2008 hearing date in order to make the remaining corrections to this facility.  The Board hereby authorizes the West Warwick Fire Marshal's office to extend either of the above deadlines or both of them in the event of good faith efforts being made towards completion by the Applicant.  Finally, the Board notes that all of the original variances shall be reinstated upon the Applicants completion of this project within the above timetables as extended by the West Warwick Fire Marshal's office.

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)].