The above-captioned case was originally scheduled for hearing on December 14, 2004 and a decision in this case was rendered on March 31, 2005.  The Applicant appealed the original decision at the District Court level in file number AA05-4114.  The Applicant has returned to the Board requesting a motion to stay pending the outcome of the District Court decision.  The Applicant’s motion to stay was reviewed by the Board on May 17, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners O’Connell, Filippi, Pearson, Burlingame, Newbrook and Preiss were present.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board finds that the original decision in file number 040124 was issued on March 31, 2005.  The Board further finds that the Applicant has appealed this decision to the Rhode Island District Court and that the appeal has been assigned District Court file number AA05-4114.  The Board further finds that the Applicant has requested a motion to stay pending the outcome of the District Court case.

CONCLUSIONS AND VARIANCE REQUESTS
	
The Board views the Applicant’s motion to stay as a request for an additional time variance.  Accordingly, the Board hereby grants the Applicant’s motion to stay, as a time variance, in order to allow the Applicant not to address the requirements on appeal until ninety (90) days after the District Court has issued a final decision in this case.  Specifically, the Applicant is granted additional time in which to comply with the decision extending ninety (90) days from the issuance of a final decision by the District Court in this case.  

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)].