The above-captioned case was scheduled for hearing on May 2, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Blackburn, Burlingame, OConnell, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the May 2, 2006 hearing on this matter, the Board was advised that the Applicant had sought authority for the Pawtucket Fire Marshal's Office to authorize the issuance of a temporary certificate of occupancy for part or all of this facility.  In making this request, it is the understanding of the Board that portions of this facility had been brought into compliance with the code and the Applicant wishes to occupy these spaces with whatever additional safeguards deemed necessary by the Pawtucket Fire Marshal's office.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby authorizes the Pawtucket Fire Marshal's office to approve the issuance of a temporary certificate of occupancy for part or all of this facility during the various phases of this project.  In granting this relief, the Board directs the Applicant to comply with whatever additional safeguards are deemed necessary by the Pawtucket Fire Marshal's office in the issuance of the temporary certificate of occupancy.

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)].