The above-captioned case was scheduled for hearing on August 17, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the August 17, 2004 hearing on this matter, the Board was advised and finds that the Applicant has requested that the Providence Fire Marshal's Office be authorized to approve the issuance of a thirty (30) day temporary certificate of occupancy covering this facility.  The Board was further advised and finds that this facility is fully alarmed and sprinklered and that the temporary certificate of occupancy would be limited to building 6A of this complex.  The Board was further advised and finds that the Applicant shall correct the items outlined in an August 16, 2004 check list compiled by the Providence Fire Marshal's Office.  The Board was further advised and finds that the Applicant will work directly with the Providence Fire Marshal to address any major issues initially and that the Applicant shall thereupon complete the remaining items on the checklist within the thirty (30) day period granted for the temporary certificate of occupancy.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby authorizes the Providence Fire Marshal's Office to approve the issuance of a thirty (30) day temporary certificate of occupancy covering this facility.  As a condition of this authorization, the Board directs the Applicant to work with the Providence Fire Marshal's Office to correct any deficiency deemed necessary by the Providence Fire Marshal's Office prior to the issuance of a temporary certificate of occupancy and the Board further directs the Applicant to correct all remaining deficiencies, outlined on the August 16, 2004 checklist complied by the Providence Fire Marshal's Office, with in the thirty (30) day period of temporary 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)].