This case was previously scheduled for hearing on January 13, 2004, and a decision, outlining a plan of action for this facility was mailed on March 10, 2004.  The Applicant has returned to the Board on October 19, 2004, requesting the reinstatement of the original variance and additional time to comply.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Coutu, Burlingame, Pearson and O'Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook 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 file number 030043 as its findings of fact in this case.  The Board further finds that the Applicant has exceeded the original time limits and thereby voided the original variance in this case.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants the Applicant a time variance in order to correct any remaining deficiencies in this case at the direction and to the satisfaction of the Providence Fire Marshal’s Office, within a specific timetable established by the Office.  The Board further leaves the file open if there are any further questions by either the Applicant or the Providence Fire Marshal.  Assuming that the Applicant will promptly correct the remaining deficiencies in this building at the direction and to the satisfaction of the Providence Fire Marshal’s Office, the Board hereby reinstates the original variances granted in file number 030043.

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)].