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

FINDINGS OF FACT

The Board finds that this is a 500,000 square foot facility to be utilized as a distribution center.  The Board further finds that the Applicant has been working closely with the North Kingstown Fire Marshal’s office with the goal of achieving a temporary certificate of occupancy for this facility.  The Applicant is now before the Board requesting authority for the North Kingstown Fire Marshal’s office to issue a temporary certificate of occupancy.  
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the North Kingstown Fire Marshal’s office the authority to authorize the issuance of a temporary certificate of occupancy for this facility.  In granting this authority, the Board notes that the fire alarm system of this facility has been tested, and that the egress routes are opened at the satisfaction of the North Kingstown Fire Marshal’s office.

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)].