The above-captioned case was scheduled for hearing on May 6, 2003 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Preiss, Newbrook, Coutu, O’Connell and Pearson were present.  A motion was made by Commissioner Newbrook and seconded by Commissioner O’Connell to grant the Applicant a period of sixty days in which to develop and implement a plan of action for the fire safety of this facility.  The motion was unanimous.

FINDINGS OF FACT
	
During the May 6, 2003 hearing on this matter, the Board was advised that the Providence Fire Marshal’s office had discovered approximately thirty-two (32) deficiencies within this complex.  The Board was further advised that this facility is fully alarmed and sprinklered.  Finally, it is the understanding of the Board that the Applicant and the Providence Fire Marshal’s office needed additional time to develop and implement an approved plan of action.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the Applicant a period of sixty (60) days from the date of this decision in order to develop and implement an approved plan of action for the fire safety of this facility.  The Board shall maintain this as an open file in order to address any requested variances or time extensions deemed necessary by the parties.

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)].