The above-captioned case was scheduled for hearing on December 21, 2004 at 1:00 P.M.  At that time, Chairman Farrell along with Vice Chairman Coutu and Commissioners Newbrook, Pearson, Filippi, Burlingame and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal Denis Larocque of the West Warwick Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby relies, as its initial findings of fact, on a December 17, 2004 building description compiled for this facility by Chief Denis Larocque of the West Warwick Fire Marshal’s office.  The Board further finds that the Applicant is requesting authority for the West Warwick Fire Marshal’s office to issue a temporary certificate of occupancy for this facility.  In reviewing this facility, it is the understanding of the Board that there is substantial compliance with all fire codes.

CONCLUSIONS AND VARIANCE REQUESTS

1.  In light of the above, the Board hereby authorizes the West Warwick Fire Marshal to approve the issuance of a temporary certificate of occupancy for this facility.  Prior to the issuance of the temporary certificate of occupancy, the Board directs the Applicant to work with the West Warwick Fire Marshal’s office and make any improvements necessary to this facility.

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)].