The above-captioned case was originally scheduled for June 5, 2007 at 1:00 p.m. and a decision outlining a comprehensive plan of action for this facility was thereupon issued on September 12, 2007.  The Applicant has now returned to the Board requesting additional relief.  The above captioned case was most recently scheduled for hearing on October 2, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Filippi, OConnell, Jasparro, Jackson, Blackburn and Richard were present.  Commissioner Preiss recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Vespia, Richard Fournier and Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner OConnell and seconded by Commissioners Jasparro and Jackson 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 050880 as its initial findings of fact in this case.  In addition, the Board finds that the fire alarm system in this facility was originally municipally connected.  However, due to a collapsed conduit, the Applicant was unable to maintain municipal connection.  The Board finds that the Applicant has been in touch with the Verizon Corporation in the process of addressing the collapsed conduit.  The Applicant has returned requesting relief in order to open the New Rivers Restaurant unit of this complex.  The Providence Fire Marshal's office has advised the Board that they are requesting that the residents of this facility be evacuated by a certain date unless the fire alarm systems have been brought into compliance.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the Applicants request to open the New Rivers Restaurant unit within this complex upon completion of a final inspection of the hood and duct system within this facility.  In granting this relief, the Board has been advised that a sprinkler contractor has made all necessary modifications to the sprinkler system and that the Applicant shall establish final inspections for this facility prior to November 1, 2007.  Accordingly, as a condition of the above relief, the Applicant is directed to provide final inspections of the sprinkler system within this facility on or before November 1, 2007 and that the final systems acceptance would be on or before December 1, 2007 by the Providence Fire Marshal's office.  In the event the system has not been accepted by December 1, 2007, the Applicant is directed to commence eviction proceedings of the third and fourth floor residents within this facility and to maintain those floors vacant until such time as the facility is brought into compliance.  
	In addition, as a condition of the above variance, the Applicant is directed to secure a quoted estimate from the Verizon Corporation and to provide authorization to Verizon to make such repairs on or before October 15, 2007 and to authorize Verizon to proceed with the repairs on or before October 22, 2007.  The Board anticipates that this project should be completed by November of 2007.
	The above timelines were specifically reviewed by the Board with the Applicant and the Providence Fire Marshal's office during the October 2, 2007 hearing on this matter.  The parties agreed to these deadlines and, as a result of this agreement, the Providence Fire Marshal's office did not proceed with the abatement of this facility and has agreed to allow the opening of the New Rivers Restaurant unit.  Finally, as noted during the October 2, 2007 hearing, this file shall remain open until all outstanding deficiencies have been addressed by the Applicant.  Accordingly, in the event either party has any questions or requests for additional relief, the parties may petition the Board for an immediate hearing.

 
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)].