The above captioned case was scheduled for hearing on August 28, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Coutu, Evans, Filippi, Wahlberg, O’Connell and Burlingame were present.   The fire service was represented by Assistant Deputy State Fire Marshal Arthur Laurenson of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner O’Connell to grant the Applicant relief as outlined herein.   The motion was unanimous. 

FINDING OF FACT
	
The numbers of the Decision below correspond with those of an August 3l, 2000 inspection report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the August 28, 2001 hearing on this matter.  The Board hereby incorporates the August 3l, 2000 inspection report as its initial findings of fact.  Any modification of the Boards findings such as correction of a deficiency by the Applicant shall be noted herein.

	Any deficiency, understood by the Board, to have been corrected which is not so corrected shall be immediately corrected by the Applicant.  The term approved as used 
herein is defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	During the August 28, 2001 hearing on this matter, the Board was advised by the Applicant that they were requesting sixty (60) days in order to develop a full plan of action addressing all of the deficiencies outlined in the August 3l, 2000 inspection report and an additional one hundred and twenty (l20) days in order to complete this plan of action.  The Board was further requesting that the Board direct the Providence Fire Marshal to approve a temporary certificate of occupancy in light of the fact that the fire alarm system in this facility has been fully approved and that the sprinkler system has been maintained.  The Providence Fire Marshal’s Office appeared and had no objection to the granting of this variance.  Accordingly, the Board hereby grants a time variance of sixty (60) days from the date of this Decision in order to present an approved plan of action in addressing all other deficiencies in the August 3l, 2000 inspection report covering this facility.  The Board further grants a one-hundred and twenty (l20) day time variance from the date of this Decision in order to allow the Applicant to complete this plan of action.  In light of the Applicant’s approved fire alarm and sprinkler coverage within this facility, the Board hereby advises the Providence Fire Marshal’s Office that the issuance of a temporary certificate of occupancy, covering this facility during the above time period, would be proper. 

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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 within the Sixth Division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision.  [RIGL 42-35-l5(c)]