This matter was originally scheduled for hearing on October 1, 2002 and a Decision was rendered on November 21, 2002.  The Board notes that the original Decision in this matter notes a file number 020035 when in fact the file number is 020033.  The Board hereby corrects the original file number to now read 020033.  By letter dated March 24, 2003, the Applicant requested an extension of time in order to bring this facility into full compliance.  The Applicant’s request was scheduled for hearing on April 8, 2003 at 1:00 PM.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Burlingame, Richard, Evans, Filippi and O’Connell were present.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

The Board hereby incorporates the original Decision in this matter dated November 21, 2002 as its original findings of fact.  The Board notes that this facility has been transferred to a new owner and that the new owner needs additional time in order to bring this facility into compliance.  It is the understanding of the Board that at the end of this time period, all of the deficiencies shall either have been corrected or received variances.  
	
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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants the Applicant a time variance of 60 days from the date of this Decision in order to bring this facility into full compliance with the original decision issued on November 21, 2002.  The Board notes that the original Decision file number is listed as 020035 and the Board hereby corrects the original file number to read 020033.

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)].

Decision mailed on 7-30-03.