The above-captioned case was scheduled for hearing on August 3, 2004 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Preiss, Evans, Coutu and Filippi were present.  The fire service was not represented, however the Board was advised that the Providence Fire Marshal’s office had no objection to the Applicant’s request for relief.  A motion was made by Commissioner Evans and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the August 3, 2004 hearing on this matter, the Board utilized a June 17, 2004 inspection report compiled by the Providence Fire Marshal’s office.  Accordingly, the Board hereby adopts the June 17, 2004 inspection report as its initial findings of facts.

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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby authorizes the Providence Fire Marshal’s office to approve the issuance of a temporary certificate of occupancy to be issued for the two (2) mercantile units on the first floor of this facility with the following conditions.  Prior to the granting of approval, the Applicant must submit and have approved plans for the salon occupancy.  The Applicant must further submit plans for the entire building at the direction and to the satisfaction of the Providence Fire Marshal.  The Applicant must provide this facility with an approved fire alarm system and an electrician must certify all of the wiring in the mercantile areas.  Finally, the floors above the first floor must remain vacant until final approval by the Providence Fire Marshal.

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)].