The above-captioned case was scheduled for hearing on December 5, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Filippi and OConnell were present.  Commissioner Preiss recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Fournier and Richard Silva of the Providence Fire Marshals Office along with Deputy Chief Dillon of the Providence Fire Department.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Blackburn.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 8, 2005 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the December 5, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the November 8, 2005 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-47.  During the December 5, 2006 hearing on this matter, the Board was presented with a May 13, 2006 plan of action developed by the Applicants engineer, Ramzi J. Loqa.  The Board hereby adopts the above plan of action and directs the Applicant to comply with this plan of action at the direction and to the satisfaction of the Providence Fire Marshal's office in accordance with the following timelines.  The Applicant is granted a time variance of fifteen (15) days from the date of the hearing in order to install fire extinguishers in all locations deemed necessary by the Providence Fire Marshal's office.  The Applicant is hereby granted a time variance of sixty (60) days from the date of this decision in which to correct all items determined to be maintenance items by the Providence Fire Marshal's office including the upgrade of the fire alarm system within this facility.  Finally, the Applicant is granted a time variance until July 1, 2007 in which to upgrade the existing sprinkler system of this facility into a fully compliant system installed at the direction and to the satisfaction of the Providence Fire Marshal's office.  Accordingly, the Board hereby grants a variance in order to allow all of the items listed on the November 8, 2005 inspection report to be complied with in accordance with the plan of action outlined by the Applicants engineer and dated May 13, 2006, within the above time frames.

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)].