The above-captioned case was scheduled for hearing on August 12, 1997 at 2:00 PM.  At that time, Chairman Marciano and Commissioners Coutu, Burlingame,  Pangborn, Richard and Wilder were present.  The fire service was represented by Deputy State Fire Marshal Paul Travis of the State Fire Marshal’s Office.  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
	
This matter was previously heard by the Board and a Decision was issued on November 8, 1995 in File No. 950172.  The Board hereby adopts, as its findings of fact, the original findings of fact the above Decision as modified herein.  During the August 12, 1997, hearing on this matter, Deputy State fire Marshal Travis and the Applicant advised the Board that substantial progress had made in removing the stored paints from this facility.  It is the understanding of the Board that one half of the paint has been removed to date.  The Applicant has now appeared before the Board seeking an additional ninety (90) days in which to fully comply with the original Decision.
	
1. The Board hereby grants the Applicant a limited time extension of sixty (60) days from the date of this Decision in which to fully comply with the original Decision in File No. 950172.  Specifically, all paint must be removed from this facility, at the direction and to the satisfaction of the State Fire Marshal’s Office, within sixty (60) days of the mailing date of this Decision.   In granting this time extension, it is the understanding of the Board that the State Fire Marshal’s Office has no objection.
	
Failure of the Applicant to comply with the above time extension shall void all variances previously granted in File No. 950172 and subject the Applicant to fines calculated from the original August 17, 1995 inspection report by the State Fire Marshal’s Office.
	
The Applicant may appeal the Board’s above Decision to grant a time extension, 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. (RIGL 23-28.3-6 and 42-35-15.)  Commencement of such an action does not operate as an automatic stay of this Decision (RIGL 42-35-15[c]).

This decision was mailed on 8-19-97.