The above-captioned case was previously before the Board and a decision was rendered in file number 040174.  The subject facility was thereupon sold and is currently unoccupied.  The Applicants representative has appeared before the Board requesting a time variance to bring this facility into full compliance with the original decision prior to re-occupancy.
The above captioned case was most recently scheduled for hearing before the Board on October 31, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Preiss, Newbrook, Richard, Filippi, Pearson and OConnell were present.  The fire service and the Applicant were not present.  However, they co-signed a plan of action for this facility dated October 23, 2006.  Accordingly, the Board approved the parties plan of action.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file number 040174 as its initial findings of fact in this case.  The Board further finds that the subject facility has been sold and that the new owners plan to bring the facility into full compliance with the original decision in file number 040174 prior to re-occupancy of the facility.  The parties plan of action is outlined in an October 23, 2006 letter generated by the Applicants attorney, Timothy F. Mullaney, Esq.  The Board further finds that Assistant Deputy State Fire Marshal Robert Emmott has agreed with and supports the Applicants requested time extension until re-occupancy of this facility.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby extends the original time deadlines in file number 040174 to allow the Applicant to bring this vacated facility into full compliance with the code prior to re-occupancy.

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)].