The above-captioned case was scheduled for hearing on March 29, 2005 at 1:00 P.M.  At that time, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board finds that the Applicant is requesting the Board to authorize the Providence Fire Marshal’s Office to approve the issuance of temporary certificate of occupancy for the various levels of this apartment facility.  Specifically, the Board finds that the Applicant is requesting the Providence Fire Marshal approval of temporary certificates of occupancy for 6th floor, 5th floor, 4th floor, 3rd floor, 2nd floor, south lobby, egress stairways and elevators.  The Board finds that the Applicant has provided this facility with an approved fire resistant rated floor ceiling wall construction complete with fire stopping, fire resistant rated door assembly and fire dampers.  The Board further finds that that facility is fully sprinklered and alarmed.  The Board further finds that all electrical plumbing and mechanical systems are in place.  The Board further finds that the emergency powered system has been tested and is active.  The Board further finds that this facility is equipped with approved emergency lighting, exit signage, stairway pressurization systems and approved means of egress in general. 

CONCLUSIONS AND VARIANCE REQUESTS
	
1. In light of the above, the Board hereby grants the Providence Fire Marshal’s Office the authority to issue a temporary certificate of occupancy for all or part of this facility in accordance with whatever guidelines the Providence Fire Marshal’s Office deems necessary.  Specifically, the issuance of temporary certificates of occupancies shall be at the direction and to the satisfaction of the Providence 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)].