The above-captioned case was scheduled for hearing on May 22, 2007 at 1:00 P.M.  At that time, Acting Chairman Preiss and Commissioners Richard, Blackburn, Jasparro, Jackson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gerard Dion of the Central Falls Fire Marshals Office along with Deputy State Fire Marshal David Cionfolo of the State Fire Marshal's office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this facility is a three-story wood frame structure on a stone and cement foundation with a full basement.  The Board finds that the facility is of Type IV (2HH) construction with a total square footage of approximately 12, 200 sq. ft.
	The Board further finds that the Applicant is proposing an ice cream shop to be located on the first floor on the Broad Street side of the facility.  The Board finds that the selling of the product would take place through a service window on Broad Street.  The Board finds that this would prohibit patrons from entering the facility.  The Board further finds that the rest of the first floor is a wide open area previously utilized for rug manufacturing but currently vacant.
	The Applicant has come before the Board with a proposal to utilize only a small portion of the front of this facility as a business use consisting of the sale of ice cream.  The Board further finds that there shall only be two (2) people within the building conducting this business use and that no public shall be allowed within the building.
	The Board further finds that the State and Central Falls Fire Marshal's offices have approved an August 14, 2006 plan of action for the limited use of this facility as an ice cream shop on a seasonal basis.  The Board finds that part of the plan of action would be having the Applicant provide the seven to eight hundred square foot area of the ice cream shop with approved smoke and heat detection at the direction and to the satisfaction of the Central Falls and State Fire Marshal's office with the option of bringing the system on line at the direction and to the satisfaction of the Central Falls and State Fire Marshal's office.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the August 14, 2006 plan of action reviewed by the State and Central Falls Fire Marshal's offices for the limited seasonal use of approximately eight hundred square feet of this facility.  In granting this relief, the Board directs the Applicant to provide approved smoke and heat detection at the direction and to the satisfaction of both the Central Falls and State Fire Marshal's offices and to further maintain an option of bringing the system on line at the direction and to the satisfaction of the State and Central Falls Fire Marshal's offices within a timetable established by the State and Central Falls 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 Applicants 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 Boards 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 Boards 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)].