The above-captioned case was most recently scheduled for review by the Board on March 7, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Richard, Preiss, Filippi, Newbrook and Burlingame were present.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn to grant the Applicant additional time as noted herein.  The motion was unanimous.

FINDINGS OF FACT
	By letter dated February 14, 2006, the Board was advised that the Applicant sought additional time from the original 120 day time extension previously granted.  The Board was further advised that the fire inspector was satisfied with the progress the Applicant was making.  The Board hereby incorporates its original findings of fact in file 040300 as its preliminary findings in this case.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby extends the original deadline for compliance with the State fire codes by an additional thirty (30) days.  The Board further grants the Providence Fire Marshal's office the authority to extend the above deadline by an additional thirty (30) days in view of substantial progress being made by the Applicant.

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)].