The above-captioned case was previously before the Board and a plan of action was issued.  The Applicant has now returned requesting additional time and a suspension of accumulated fines.  The case was most recently heard on November 9, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Pearson, Burlingame, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Beaubien of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby relies on its original findings of fact in the decision in file 010277.  In addition, the Board finds that the Applicant currently needs to update the fire alarm system in this facility with smoke and carbon monoxide detection.  The Applicant further needs to maintain a testing contract on the fire alarm system.  The Applicant needs emergency lighting, approved exit signage, repair of the walls of this facility, a remote furnace shutoff, portable fire extinguishers and a domestically supplied sprinkler system covering the upper level.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby directs the Applicant to update the fire alarm system of this facility with approved smoke and carbon monoxide detection within 120 days of the November 9, 2004 hearing.  The Board further directs the Applicant to have a testing contract in place within thirty (30) days of the November 9, 2004 hearing.  Finally, the Board directs the Applicant to provide a progress report on his compliance with the above provisions within sixty (60) days of the date of this hearing.
	2.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this hearing in order to provide the egress passageway with an approved domestically supplied sprinkler system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	3.  Assuming the Applicants timely compliance with the plan of action as outlined in items 1 and 2 above, the Board hereby suspends the accumulated fines from the Applicants original non-compliance. 

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)].