The above captioned case was originally scheduled for January 20, 2004 at 1:00 P.M.  A decision, outlining a plan of action for this facility, was thereupon mailed to the Applicant on April 19, 2004.  The Applicant has now returned to the Board with a plan of action for compliance.  The most recent hearing in this case was scheduled for September 14, 2004 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Wahlberg, Newbrook, Burlingame, Filippi and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal Ernest Cimino of the Valley Falls 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
	
The Board hereby incorporates its original findings of fact as outlined in file number 030352.  In addition, the Board finds that the Applicant has returned with a plan of action covering the decorative and acoustical material within this facility.  A plan of action involved utilizing class “A” fire retardant materials in addition to fire extinguishers within the assembly portion of this facility.  The Valley Falls Marshal’s Office had no objection to the above plan of action.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants the Applicant a variance from the provisions of section 23-28.6-15 and the parallel cites in the Rhode Life Safety Code in order to allow the applicant to provide the cited combustible surfaces with approved class “A” flame retardant installed at the direction and to the satisfaction of the Valley Falls Fire Marshal’s Office.  The above flame retardant shall be provided on the large portable wall dividers and any other surface deemed necessary by the Valley Falls Fire Marshal’s Office.  In granting this variance, it is the understanding of the Board that the Valley Falls Fire Marshal’s Office has no objection.

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)].