The above-captioned case was scheduled for hearing on March 15, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Filippi, Evans, Preiss, Newbrook, Burlingame and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the March 15, 2005 hearing on this matter, the Board was advised and finds that this is a five (5) story residential complex located in a rehabilitated mill building.  The Board finds that the Applicant is requesting permission to occupy the upper three (3) stories of this rehabilitated mill building while work is completed on the units located on the first two stories.  The Board was further advised and finds that all of the building-wide systems would be operational and functional prior to the occupancy of any floor.  The Board finds that the Applicant is requesting the Board to authorize the Pawtucket Fire Marshal’s office to issue a temporary certificate of occupancy for the third, fourth and fifth floors of this building.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the Pawtucket Fire Marshal’s office the authority to issue a temporary certificate of occupancy for the third, fourth and fifth floors of this building provided all major fire protection and detection systems are in place and the building has all additional safeguards deemed necessary by the Pawtucket Fire Marshal’s office.  In granting this variance, it is the understanding of the Board that the only issue blocking a full certificate of occupancy would be the installation of the elevators.  However, it is the understanding of the Board that the upper floors have approved separate egress in accordance with the code.  

 
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)].