The above-captioned case was scheduled for hearing on September 21, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, Pearson, O’Connell, Filippi and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal John McConaghy of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the September 21, 2004 hearing on this matter, the Board was advised and finds that the Applicant and the Stop and Shop Company were making a formal request to be allowed to utilize the foyer and mezzanine of this facility to conduct employee interviews and to begin a shelving and food stocking operation prior to a final certificate of occupancy being issued.  The Board was further advised and finds that during this period of time the facility shall not be open to the public and that security employees shall be posted to ensure that the facility shall only have limited occupancy by employees and potential employees.  Finally, the Board was advised and finds that the Applicant is seeking the Board to authorize the Pawtucket Fire Marshal’s office to approve the issuance of a temporary certificate of occupancy for this facility in order to conduct the above operations.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1.  Pursuant to the Applicant’s request, the Board hereby grants the Pawtucket Fire Marshal’s office the authority to authorize the issuance of a temporary certificate of occupancy covering this facility.  In granting this authority, the Board directs the Pawtucket Fire Marshal’s office to ensure that there is substantial compliance with the State Fire Code prior to the issuance of a 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 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)].