The above-captioned case was originally heard by the Board on July 22, 2003 and a decision was rendered on August 7, 2003.  The Applicant returned to the Board on September 30, 2003 and a follow-up decision was thereupon rendered on December 19, 2003.  The December decision granted the Applicant a time variance until January 30, 2004, in order to develop and submit an approved plan of action to the Fire Board.

The above captioned case was most recently scheduled for hearing on January 13, 2004, whereupon the Applicant submitted a plan of action for this and several other facilities.  The action taken by the Board on the Applicant’s proposed consolidated plan of action has been separately documented as a consolidated decision of the Board.

This particular case was scheduled for hearing on January 13, 2004 at 1:00 pm.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Coutu, Burlingame, Richard and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Richard.  The motion passed with Chairman Farrell abstaining.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of the Board’s decision in file number 030263A.  The above decision was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the January 13, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the decision in file number 030263A as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, shall be noted herein. 

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby directs that the Applicant shall be allowed to address deficiency #1 in accordance with the consolidated plan of action covering this and the remaining facilities heard on January 13, 2004.
	
2.  It is the understanding of the Board that the Applicant has corrected deficiency #2.
	
3.  During the January 13, 2004 hearing on this matter, the Board was advised that the Applicant has experienced difficulty in correcting deficiency #3.  Accordingly, the Board hereby grants a variance, on the basis of structural hardship, to allow the Applicant to correct deficiency #3 at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
4. – 7.  It is the understanding of the Board that the Applicant has corrected deficiencies 4 through 7.
	
8.  The Board hereby grants a variance in order to allow the Applicant to correct deficiency #8 in accordance with the consolidated plan of action covering this and the remaining facilities heard on January 13, 2004.
	
9 – 13.  It is the understanding of the Board that the Applicant has corrected deficiencies 9 through 13.
	
14.  It is the understanding of the Board that the Applicant has complied with deficiency #14 by presenting the above consolidated plan of action for sprinkler coverage for this facility.

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)].