The above-captioned case was originally scheduled to be heard on July 30, 2002 and was thereupon rescheduled and heard by the Board on December 3, 2002 at 1:00 P.M.  At that time a plan of action for this facility was developed and a written decision was issued on January 15, 2003.  The Applicant has returned to the Board requesting additional time to comply.  The Tiverton Fire Marshal appeared and had no objection to the Applicant’s request.  A motion was made by Commissioner Burlingame and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby adopts its original findings of fact in this matter as outlined in its decision in file number 020053.  The Board further finds that the Applicant has had difficulty with the sprinkler company and the final door installation for this facility.  The Board further finds that the Applicant has requested additional time for the demolition of vacant buildings for this facility and has been working carefully with the Fire Marshal.  Finally, it is the understanding of the Board that the vacant portions of this facility have been sealed off to the satisfaction of the Fire Marshal from the remaining occupied areas.  

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the Applicant additional time for the demolition of the vacant buildings within this complex.  Specifically, the Applicant shall have two (2) additional years from the March 25, 2003 hearing to complete the demolition outlined in item #1 of the original decision.
	
2.  The Board hereby grants the Applicant an additional time variance of thirty (30) days from the March 25, 2003 hearing in which to correct deficiency #2 to the satisfaction of the Tiverton Fire Marshal’s office. 
	
3.  The Board hereby grants the Applicant an additional thirty (30) days from the date of this hearing in order to provide this facility with approved sprinkler coverage in the basement and stairs and further connect the sprinkler system to the fire alarm system to the satisfaction of the Tiverton Fire Marshal’s office.  The Board further notes that if the Applicant wishes not to demolish portions of this facility, the Applicant may simply extend sprinkler coverage to those areas at the direction and to the satisfaction of the Tiverton Fire Marshal within a timetable authorized by the Tiverton Fire Marshal.

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 6-24-03.