The above-captioned case was scheduled for hearing on June 8, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Pearson, Filippi, O’Connell and Coutu were present.  The fire service was represented by Chief of Inspections William Howe of the State Fire Marshal’s Office and Assistant Deputy State Fire Marshal Theodore Hopkins of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook  to grant the Applicant relief as outlined herein.  The motion was unanimous.

A description of this facility was found in an inspection report dated February 11, 2000 that was compiled by the State Fire Marshal’s Office.  Accordingly, the Board hereby adopts the original description of this facility as its initial findings of fact.  The Board further finds that the Applicant is in the process of updating the fire alarm system for this facility and plans to provide the entire facility with a new fire alarm system at the direction and to the satisfaction of the State and Local Fire Marshals.  The Applicant plans to install a new panel and operate this new panel in the new addition.  The Applicant is before the Board requesting additional time in order to upgrade the remainder of the building and eventually tying it all into the new panel at the direction and to the satisfaction of the State and Local Fire Marshals.  The Applicant has advised the Board that as the older portions of the fire alarm system are upgraded, the transfer shall only take a matter of minutes for each zone.  It is the understanding of the Board that all other fire code deficiencies in this facility have been corrected by the Applicant.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants the Applicant a time variance of 120 days from June 8, 2004 in which to fully upgrade the fire alarm system of this facility at the direction and to the satisfaction of the State and Local Fire Marshals or their designee.

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 Applicant’s 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 Board’s 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 Board’s 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)].