The above-captioned case was scheduled for hearing on July 18, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Hawthorne of the Cranston Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this facility is a single story building that was completely renovated in 2006.  The Board further finds that the total building area is approximately 11,500 square feet.  The Board further finds that this facility is fully sprinklered and constructed as a type 3B facility.  The Board further finds that this facility is a business occupancy containing medical offices and an imaging center.
The Board further finds that there are five (5) suites within this facility and construction has been completed under separate permits.  The Board further finds that the first permit 06-0011 was for the internal medicine practice specialty suite and main corridor.  The Board further finds that this area of the building is approximately 6,750 square feet.  The Board further finds that the work under this permit has been completed and that other work is still ongoing in the other suites.  Finally, the Board finds that the owner is seeking to occupy the completed suites of this facility.  The Cranston Fire Marshal's office appeared and had no objection to the authorization of a temporary certificate of occupancy.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby authorizes the Cranston Fire Marshal's office to approve the issuance of a temporary certificate of occupancy for the completed work within this complex at such time as the Cranston Fire Marshal's office deems the completed portions of this facility to be in substantial compliance with the code.  Accordingly, the Cranston Fire Marshal's office is further authorized to approve the issuance of temporary certificates of occupancy for the other areas of this facility as they become completed to his satisfaction.

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)].