The above captioned case was originally scheduled in January of 2004 and a decision was issued by the Board on January 26, 2004.  The Applicant has now returned to the Board requesting a 180 day extension on the temporary certificate of occupancy allowing the Main Street side of this facility, utilized as the Registry of Motor Vehicles and Operator Control (DMV).  The most recent hearing on this case was scheduled for September 28, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Coutu, Burlingame, Newbrook, Pearson, O’Connell and Preiss were present.  The fire service was represented by Chief of Inspections William Howe of the State Fire Marshal’s Office and Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

The Board hereby adopts its original findings of fact in file number 040015 as its findings of fact in this case.  In addition, the Board finds that at the time of this hearing the State of Rhode Island was engaged in lease negotiations for the DMV.  The Board further finds that the Apex facility will be working directly with the State and Local Fire Marshal’s offices to bring space into compliance with the fire codes in order to house the DMV. 
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby authorizes the State Fire Marshal’s office to agree to and extend the temporary certificate of occupancy covering this facility for up to one hundred eighty additional days with any conditions deemed necessary by the State Fire Marshal’s office.  In granting this relief, it is the understanding of the Board that this facility is wide open and fully sprinklered.

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)].