The above-captioned case was scheduled for emergency hearing on April 26, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Filippi, 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 Newbrook and seconded by Commissioner O’Connell to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.  The file in this case shall remain open.

FINDINGS OF FACT
	
During the April 26, 2005 hearing on this matter, the Board was advised that the Applicant sought to authorize the local Fire Marshal to approve the issuance of a temporary certificate of occupancy to allow them to occupy part of the first floor of this structure while construction is ongoing.  During the hearing on this matter, it was determined by the Board to provide the Pawtucket Fire Marshal’s office with the authority to grant temporary certificates of occupancy to part or all of this facility upon being satisfied that all of the appropriate safety features have been met.  The Board was further advised that the limited occupancy request that the Applicant is placing forward would not involve residential occupancy and that if a firefighter detail is necessary, the Applicant shall consult with the Pawtucket Fire Marshal’s office as to the scope of that detail.  Finally, the Board was advised that the sprinkler system has been installed but has not currently been tested.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby authorizes the Pawtucket Fire Marshal’s office to issue a temporary certificate of occupancy for all or part of this facility upon his determination that the approved section or sections of the building are safe for this limited occupancy.  The Board further would allow the Pawtucket Fire Marshal’s office to require detail firefighters on duty for any large fund raiser or theater operation until the building is brought into full compliance.  

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)].