A decision, covering the above captioned facility, was mailed to the Applicant on July 10, 2003.  By letter dated December 15, 2003, the Applicant requested an extension of time to comply with the Board’s mandates in the original file number 030153.  The Applicant’s request was scheduled for hearing on January 13, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Coutu, Richard and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshal’s Office and Deputy State Fire Marshal David Curran of the State Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby adopts its original finding of facts in file number 030153.  In addition, the Board finds that the Applicant has corrected all of the deficiencies in this facility with the exception of the height of the basement door leading directly to the outside.  Specifically, the Applicant has been in contact with the Building Inspector who has advised the Applicant that going either up or down could potentially compromise the integrity of the structure.  Accordingly, the Applicant was seeking additional time and assistance from the State Fire Marshal’s Office in correcting this deficiency.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. In light of the original time limitation placed upon the Applicant to correct this deficiency, and the fact that structural engineering may be necessary in order to fully comply, the Board hereby directs the Applicant to vacate the lower level of this facility until such time as the cited basement door leading to the outside is brought in to full compliance with the code.  Accordingly, the Applicant shall be under no time constraint to correct this deficiency and at the same time the occupants of the building shall not be placed in danger.

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 Applicant’s 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 Board’s 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 Board’s 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)].