The above-captioned case was scheduled for hearing on May 17, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners O’Connell, Filippi, Pearson, Burlingame, Newbrook and Preiss were present.  The fire service was represented by Deputy State Fire Marshal Pat Cull of the State Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the May 17, 2005 hearing on this matter, the Board was advised and finds that this is a three (3) story mixed residential and commercial building at the corner of Chapel Street and Weldons Way in the town of New Shoreham.  The Board further finds that the final construction has not been approved.  However, in light of the seasonal nature of the Island, the Applicant is requesting permission for limited temporary certificates of occupancy in order to occupy the retail shops on the first floor of this facility.  The Applicant’s requests are for the first floor only and not for the handicapped apartment.  The Board was further advised and finds that the first floor of this facility is fully protected by sprinkler and fire alarm coverage and that there shall be no sleeping in this facility until the final certificate of occupancy is issued.  
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby authorizes the State Fire Marshal’s office to agree to the issuance of a temporary certificate of occupancy covering the first floors and any additional portions of this complex that, in the opinion of the State Fire Marshal’s office, has sufficient life safety to temporarily support this occupancy.  The Board hereby leaves this file open in the event the Applicant or the State Fire Marshal’s office have future questions or requests prior to the final certificate of occupancy being issued for 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)].