The above-captioned case was originally scheduled for hearing on December 7, 2004 at 1:00 P.M.  At that time the Board issued the decision covering this facility.  The Applicant has now returned requesting the Board to authorize the Providence Fire Marshal’s office to approve the issuance of a temporary certificate of occupancy.  Accordingly, the most recent hearing on this matter was scheduled for December 21, 2004 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Newbrook, Pearson, Filippi, Burlingame and Preiss were present.  A motion was thereupon made by Vice Chairman Coutu and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board relies upon its original findings of fact in file number 040407 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant is requesting the Board to authorize the Providence Fire Marshal’s office to approve the issuance of a temporary certificate of occupancy.  It is the understanding of the Board that the Applicant shall correct all remaining deficiencies as outlined in the original decision.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby authorizes the Providence Fire Marshal’s office to issue a temporary certificate of occupancy for all or part of this facility when it is deemed by that department that this facility or those portions thereof are in substantial compliance 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)].