The above-captioned case was scheduled for hearing on September 12, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Preiss, Pearson and Filippi were present.  The fire service was represented by Deputy State Fire Marshal David Cionfolo of the State Fire Marshals Office.  A motion was made by Vice Chairman Burlingame and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the September 12, 2006 hearing on this matter, the Board had before it a January 31, 2006 inspection report compiled by the State Fire Marshal's office.
The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the above hearing.  Accordingly, the Board hereby incorporates the January 31, 2006 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the September 12, 2006 hearing on this matter, the Board was advised that the fire alarm system in this facility had been completed and that the Applicant had complied with the municipal connection in the assembly occupancy known as Olives.  It is the further understanding of the Board that the sprinkler plans for this facility have also been approved.  The Applicant has now come before the Board requesting time to finish the sprinkler system and the final upgrades to the fire alarm system and also to provide this facility with a new stair tower, at the direction and to the satisfaction of the Providence and State Fire Marshal's offices.  Accordingly, the Board hereby grants the Applicant a time variance of thirty days (30) from the date of this decision in order to complete the plan review for this facility and an additional 120 days to complete the above upgrades in this facility in order to bring it into full compliance with the state fire code.  The above 120 day time extension may be extended by the State Fire Marshal's office, if necessary, for good faith 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 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)].