The above-captioned case was originally scheduled for hearing on June 7, 2005 and a plan of action was thereupon developed with a subcommittee of the Board.  The plan of action was subsequently recommended to the full Board and approved on June 14, 2005 and a decision for the plan of action was issued on August 4, 2005.  By letter dated December 29, 2005, the Applicants attorney advised the Board that the Applicant would need additional time to complete the plan of action.  The Applicants request for additional time was thereupon scheduled for hearing on February 7, 2006.  The Board approved the Applicants request and issued a decision on April 7, 2006. 
The Applicant has returned requesting additional time to comply.  The Providence Fire Marshal's office advised the Board that the sprinkler, fire alarm and egress systems have been installed in good faith and that the Applicant is making good progress towards the final completion of this project.  The Applicants most recent request was scheduled for hearing on August 1, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Newbrook, Pearson and Richard were present.  Commissioner Preiss recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Vice Chairman Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file numbers 040395 and 040395A as its initial findings of fact in this case.  In addition, the Board finds that the Applicant is close to completion of this project and that the Providence Fire Marshal's office has advised that the major systems are in place and that the applicant is making good faith efforts towards completion of this project.  Accordingly, the Board finds that all outstanding deficiencies within this facility should be addressed within the final timeline being requested by the Applicant.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a period of ninety (90) days from the date of this decision in which to complete all fire code upgrades outlined in file number 040395 and 040395A, at the direction and to the satisfaction of the Providence Fire Marshal's office.

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)].