This case was originally heard by the Board on March 2, 2004 at which time the Applicant and the Johnston Fire Marshal's office agreed to develop a joint plan of action for the installation of sprinkler coverage within this facility.  The Applicant returned to the Board on November 30, 2004 and received additional time in which to submit final sprinkler plans to the Johnston Fire Marshal's office.  Those plans were submitted by the deadline and the Applicant is currently working with the Providence Water Supply Board in order to secure the necessary feed lines into the building.  Accordingly, the Applicant returned to the Board in order to secure additional time for the installation of the sprinkler system.  This case was most recently heard by the Board on August 29, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Preiss, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Carlo Jackvone of the Johnston Fire Marshals 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 adopts its original findings of fact in file numbers 040035 and 040035A as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has complied with the original decisions in this matter and is now before it seeking additional time to complete the plan of action for the sprinkler coverage of this facility.  The Board further finds that the Applicant shall immediately present stamped plans to the Johnston Fire Marshal's office with calculations and also with seating arrangements.  The Board further finds that the Applicant is requesting a 120 day extension from the original organized dining facility timelines of October 31, 2006.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of 120 days from the original October 31, 2006 deadline in which to complete the sprinkler coverage of this facility, at the direction and to the satisfaction of the Johnston Fire Marshal's office.  In granting this variance, it is the understanding of the Board that this facility currently has a full fire alarm system and that the Applicant during the above period of time shall provide this facility with a detail firefighter on duty at any time the occupancy exceeds six hundred (600).

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)].