This matter was previously reviewed by the Board and a Decision in File #200267 was issued on April l3, 2001.  At that time, the Board compiled a plan of action for the Applicant for the fire safety of this facility. The above captioned case was scheduled for hearing on September 25, 2001 at l:30 p.m.  At that time, Acting Chairman Burlingame and Commissioners Evans, Filippi, Wahlberg, O’Connell and Coutu were present.  The fire service was represented by Deputy State Fire Marshal Kevin Murphy of the State Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner O’Connell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The Board hereby incorporates its original Decision in File No.:200267 as its initial findings of fact.  During the September 25, 2001 hearing on this matter, the Board was advised that the Applicant had encountered difficulties with the historical commission in seeking its approval to bring this facility into compliance with the original Decision.  However, the Applicant further advised the Board that it would now comply with the original plan and requested additional time.
	
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 an additional time extension of thirty (30) days from the date of this Decision in which to provide the emergency means of egress from this facility consisting of a deck with two (2) stairs as outlined in the above case.  The Board hereby grants a time variance of sixty (60) days from the date of this Decision in order to correct the window access to this means of egress.

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)].

This decision was mailed on 11-07-01.