This case was previously before the Board on July 27, 2004 and a written decision was issued on September 16, 2004.  The Applicant has returned to request modification of the original decision.  The above-captioned case was thereupon most recently scheduled for hearing on April 24, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Newbrook, Preiss, Pearson and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Fournier of the Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioners Richard and OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an original decision in file 040198.  The original decision was referenced by the Board, the Applicant and the Providence Fire Marshals Office during the April 24, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the decision in file 040198 as its initial findings of fact in this case.
	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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	6.	During the April 24, 2007 hearing on this matter, the Board was advised that the discharge fan was too close to the property line and had to be moved.  The Board hereby grants a variance in order to allow the fan to remain where it is currently located.  In granting this variance it is the understanding of the Board that the Providence Fire Marshals Office has no objection to maintaining the current location of the fan.  Accordingly, item 6 of the decision in file 040198 is hereby amended as outlined above.
	8.	The Board hereby grants a variance in order to allow the Applicant to provide the up blast fan with an approved shield installed at the direction and to the satisfaction of the Providence Fire Marshals Office.  Accordingly, item 8 the original decision in file 040198 is amended accordingly.

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)].