The above captioned cases were previously before the Board and Decisions were rendered outlining a plan of action.  The Applicant and the Valley Falls Fire Marshal’s Office requested that the Board reopen the files and amend the original Decisions pursuant to a joint letter submitted on August 8, 2001.  The request by the Applicant and the fire marshal was scheduled for hearing on August 2l, 2001 at l:30 p.m.  At that time a subcommittee of the Board reviewed the Applicant’s request.  The Subcommittee Recommendations was subsequently approved during an August 28, 2001 full hearing of the Board.  At that time, Chairman Farrell and Commissioners Coutu, Evans, Filippi, Wahlberg, O’Connell and Burlingame were present.   A motion was made by Commissioner Coutu and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

This matter was previously heard by the Board on July 3l, 2001.  At that time, the Applicant had submitted a request for variance from emergency lighting and exit signs.  However, during the hearing, the Applicant believed that he had already contracted to install the exit signs and emergency lights.  It was subsequently determined that he had not contracted for the above modifications to this facility.  In other Valley Falls cases that were heard that day, the Valley Falls Fire Marshal had not required emergency lighting and exit signs.

In light of the fact that the Applicant had not contracted for these upgrades, and the Valley Falls Fire Marshal’s Office is not requesting them as a condition of the other variances granted, the Board was asked to amend the above referenced Decisions to allow the Applicant not to provide the additional systems to this facility.
	
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 amends its original Decisions in File Nos.:010127 and 0l0l28 in order to allow the Applicant to not provide this facility with approved emergency lighting and exit signage.  In granting this variance, the Board notes that both requirements for this facility, are Grandfathered.  The Board further notes that the Valley Falls Fire Marshal’s Office had determined that they are not necessary as conditions for the variances granted.

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 requesting to be reheard before a quorum of the full Board.  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 10-02-01.