This case was originally scheduled for hearing on May 20, 2003 and a Decision was issued on July 2, 2003.  The Applicant has returned requesting a modification of the Decision dates.  The requested modification was considered by the Board during a hearing scheduled for July 15, 2003 at 1:00 P.M.  At that time, Acting Chairman Richard and Commissioners Pearson, Newbrook, Burlingame, Coutu, and O’Connell were present.  The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Kevin Murphy of the State Fire Marshal’s Office along with Assistant Deputy State Fire Marshal Dennis LaRocque of the West Warwick Fire Marshal’s office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby relies on its initial findings of fact in its Decision in file number 030157 mailed to the Applicant on July 2, 2003.  The Board further finds that the Applicant has requested that the time limits set forth in the Board’s Decision in file number 030157 run from the mailing date of July 2, 2003 as opposed to the hearing date of May 20, 2003.  The State and Local Fire Marshals appeared and no objection to the requested relief.  

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  In the absence of an objection by the State and Local Fire Marshals to the adjustment of the time schedule in the above captioned case, the Board hereby grants a variance in order to adjust the Decision compliance dates in file number 030157 from the date of the hearing to the mailing date.  Accordingly, the time lines in the above captioned Decision shall all run from July 2, 2003.

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)].