The above-captioned case was scheduled for hearing on April 22, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, O’Connell, Coutu, Burlingame, Newbrook and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Jasper of the Johnston Fire Marshal’s Office and Chief of Inspections William Howe of the State Fire Marshal’s office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

This case was previously before the Board and the decision was entered in file number 020185 on October 30, 2002.  Accordingly, the Board hereby adopts the original decision in this case as its initial findings of fact.  The Board further finds that new owners have taken over this facility and have currently made a request for additional time in which to complete the necessary repairs to this facility.  It is the understanding of the Board that the two remaining items are the completion of a required fire escape and the completion of a required local fire alarm system.  

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a time variance in order to allow the Applicant to continue to install the local fire alarm and fire escape in this facility beyond the deadlines of the original decision.  As a condition of this time variance, the Applicant is directed to provide this facility with a fire fighter on duty, equipped with a two-way radio, starting April 23, 2003, until the October 30, 2002 decision is fully complied with.

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 9-5-03.