The above-captioned case was originally scheduled for hearing on January 06, 2004 at 1:00 P.M.  At that time, the Chairman assigned this case to a subcommittee.  An onsite subcommittee inspection was conducted on February 3, 2004 at 10:30 A.M. and the subcommittee reported back to the full Board at 1:00 P.M. on that day.  In light of the subcommittee recommendation a decision was issued by the Board with the mailing date of April 9, 2004.  The Applicant has now returned to the Board requesting additional time in which to comply with the original decision.

The Applicant’s request for a time extension was scheduled for hearing on August 17, 2004 at 1:00 P.M.  At that time Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Preiss  and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby incorporates its original findings of fact in this case in file number 030408.  In addition, the Board notes that the Applicant requested a sixty (60) day time extension and the Board finds that the Pawtucket Fire Marshal’s Office has no objection in light of the Applicant’s good faith attempts to comply with the original decision.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants the Applicant a sixty (60) day time extension in which to bring this facility into compliance with the original decision in file number 030408.  The time extension shall commence upon the mailing date of this decision.

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)].