The above captioned case was previously scheduled for hearing before the Board on April 2, 2002 and a decision in this case was issued on June 12, 2002.  The matter was most recently scheduled for hearing on June 21, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice-chairman Coutu and Commissioners Preiss, Newbrook, Burlingame, and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Chief Gerald Bessette of the Barrington Fire Marshals Office.  A motion was made by Vice-chairman Coutu and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	Board hereby adopts its original findings of fact in decision number 020069 as its preliminary findings of fact in this case.  The Board further adopts the inspection report of the Barrington Fire Marshals Office generated pursuant to the May 11, 2005 inspection as its supplemental findings of fact in this case.  The Board further finds that the Applicant has corrected all of those deficiencies referenced in the 2005 inspection report with the exception of those deficiencies that were previously granted variances under the 2002 decision.  Accordingly, the Applicant has requested that the original variances in the decision in file number 020069 be reaffirmed by the Board.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby reaffirms the original variances granted in file number 020069 in order to address the comparable outstanding deficiencies outlined in the inspection report generated by the Barrington Fire Marshals Office pursuant the May 11, 2005 inspection.

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)].