The above-captioned cases were originally heard by the Board and decisions rendered in 060165, 060167, 060168, 060169, 060170 and 060171.  The Applicant has now returned to request an extension of time in which to fully comply with the original decisions.  Accordingly the above captioned cases were scheduled for hearing on October 3, 2006 at 1:00 P.M.  At that time, a subcommittee of the Board reviewed the cases and compiled the recommendations outlined below for submission to the full Board.  The Fire Service was represented by State Fire Marshal George Farrell of the State Fire Marshal's Office.  The subcommittees recommendations were reviewed by the full Board on October 17, 2006.  At that time, Chairman Coutu, Vice Chairman Burlingame, and Commissioners Richard, Newbrook, Pearson, Filippi and OConnell were present.  Commissioner Preiss was present, however he recused himself from this vote.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to approve the subcommittees recommendations and to grant the Applicant relief as outlined below.  The motion was unanimous.  The subcommittee recommendations now have the status of a full Board decision.  However, the Applicant may now appeal this decision to the full Board as outlined below.

FINDINGS OF FACT
	The Board hereby incorporates its original findings in file numbers 060165, 060167, 060168, 060169, 060170 and 060171 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has requested a ninety (90) day time extension in file numbers 060165, 060167, 060168, and 060170.  The Board further finds that the Applicant has requested a time variance of 120 days in file number 060169 and 060171.  The longer time in the above two (2) cases was requested due to water supply issues.  The State Fire Marshal's Office appeared and had no objection to the requested relief.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision to correct all remaining deficiencies in file numbers 060165, 060167, 060168 and 060170.  The Board further grants a time variance of 120 days from the date of this decision in file numbers 060169 and 060171.  In addition, the State Fire Marshal's Office is granted the authority to extend the above deadlines for good cause shown.

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 above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5, if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request, to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, 272 West Exchange Center (Suite 301), Providence, R.I. 02903.