This case was previously before the Board and a Decision, outlining a plan of action for the fire safety of this facility, was issued on December 8, l999.  The Applicant has reappeared before the Board requesting a sixty- (60) daytime extension in order to complete the fire alarm system for this facility.  The Applicant’s most recent request was scheduled for a hearing on March l9, 2002 at l:00  p.m.  At that time, Acting Chairman Coutu and Commissioners Newbrook, O’Connell and Evans heard the case in subcommittee. The fire service was represented by Assistant Deputy State Fire Marshal and Chief Gerald Bessette of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner O’Connell and seconded by Commissioner Newbrook to recommend the requested relief.  The motion was unanimous.

	Subsequently, Vice Chairman Richard arrived and the matter was reconsidered by the full Board.  A motion was thereupon made by Commissioner Richard and seconded by Commissioner Newbrook to reaffirm the subcommittee’s finding.  The motion was unanimous.  Accordingly, the subcommittee recommendation has been approved by the full Board.

FINDING OF FACT

The Board relies on the previous findings of fact outlined in File No.:  990094.  In addition, the Board finds that the Applicant has corrected all of the deficiencies with the exception of the fire alarm system and that the Applicant has advised the Board that the system shall be in place within sixty (60) days from the date of this Decision.

	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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this Decision in which to provide this facility with a full fire alarm system and bring this facility into full compliance with the prior Decision issued in File No.:  990094.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]