The above-captioned case was scheduled for hearing on January 5, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman and Commissioners Coutu, Burlingame, Preiss, Blackburn and Pearson were present.  The fire service was represented by Chief Deputy State Fire Marshal DiMascolo of the State Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the January 5, 2006 emergency hearing on this matter, the Board was advised and finds that the subject facility is a proposed Visitors Center, for highway travelers.  The Board further finds that the proposed facility is located on Interstate 295 North between exit 9 and exit 10.  The Board further finds that this proposed facility is approximately nine thousand seven hundred square feet (9,700) in area.
	The Board was further advised and finds that this facility has a proposed grand opening on January 9, 2006 but the State Fire Marshals Office is unable to authorize the issuance of a temporary certificate of occupancy (TCO) because it was determined that  NFPA 13 requires the placement of approximately five (5) additional sprinkler heads in a soffit located in the restaurant portion (unit 2) of the building.
	The State Fire Marshals Office and the Applicant have requested that the Board provide the parties with an emergency hearing in order to grant the State Fire Marshals Office the authority to authorize the issuance of a Temporary Certificate of Occupancy for this building.  Further, the parties have advised the Board that the additional sprinkler coverage will be installed within ten days of the date of the emergency hearing and the temporary absence of these additional sprinkler heads will not create a hazardous condition.  Finally, the Board has been advised and finds that the Albion Fire Marshals Office has reviewed the fire alarm system, the kitchen hood and suppression systems, and the remainder of the NFPA Sprinkler system, and determined that these systems are fully functional and compliant.
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, shall be 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, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).
CONCLUSIONS AND VARIANCE REQUESTS
1.  The Board hereby grants the State Fire Marshals Office the authority to authorize the issuance of a Temporary Certificate of Occupancy for the above-described Visitor Center facility.  As a condition of the granting this relief, the Board hereby directs the Applicant to install the remaining required sprinkler coverage in the soffit area, bringing sprinkler system of this facility into full compliance with NFPA 13, within ten (10) days of the January 5, 2006 hearing date.
STATUS OF DECISION AND APPEAL RIGHTS

	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)].