The above-captioned case was originally scheduled for hearing on August 22, 2006 at 1:00 P.M.  The Boards decision in that matter was thereupon rendered on November 20, 2006.  The Applicant has hereupon returned to the Board to request a clarification of the Boards decision and to further request a time variance and waiver of the fines imposed pursuant to title 23 chapter 28.  Accordingly, the above captioned case was most recently scheduled for hearing on February 13, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Preiss, and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Beaubien of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
 
FINDINGS OF FACT
	This facility was previously before the Board and a written decision covering the facility was issued on November 20, 2006.  Accordingly, the board hereby incorporates its initial findings of fact in file number 050104.  Additionally the Board finds that the Applicant has returned to request time to bring the facility into compliance and to further request a waiver of the substantial fines that have accumulated since the original inspection report that was issued on January 25, 2005.

CONCLUSIONS AND VARIANCE REQUESTS
1.	 The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit a plan of action for the correction of all outstanding fire code deficiencies, to the Woonsocket Fire Marshals Office for approval.  The Board hereby grants the Applicant an additional 120 days from the date that the above plan are approved in order to bring this facility into compliance at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  Once the Applicant has brought this facility into full compliance to the satisfaction of the Woonsocket Fire Marshals Office, the Board hereby grants a variance from the provisions of the R.I. General Law section 23-28.3-9 in order to waive all accumulated fines and/or other punishment for noncompliance with the original January 25, 2005 inspection report issued by the Woonsocket Fire Marshals 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)].