The above-captioned case was scheduled for hearing on June 14, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Pearson, Burlingame, and Filippi were present.  Vice Chairman Coutu recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal John Garvey of the Central Falls Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	Based on the documentation presented to the Board, the Board finds that this facility was the former American Broadloom Mill.  The Board further finds that this facility is four (4) stories in height and is being reconfigured into fifteen (15) residential condominium units.  The Board finds that six (6) of the units shall be created in Phase I and nine (9) units shall be created in Phase II.  In addition, three (3) units along with a caf and gallery shall be created in Phase III.  
	The Applicant has further advised the Board and the Board finds that temporary fire walls shall be established to separate the Phase II job site from three (3) Phase I units in order to use a common staircase.  The Board further finds that the mill is roughly 50,000 square feet in area and was built between 1910 and 1920.
	The Board further finds that as of October 24, 2004, the plans had not been stamped by a certified engineer or architect.  However, the Board has been advised and finds that when the plans are completed, they shall be stamped to the satisfaction of the Central Falls Fire Marshals office.  The Board was further advised that this project shall be completed under the State Fire Code and the State Building Code.  The Board was further advised and finds that the Applicant shall correct any egress deficiencies at the direction and to the satisfaction of the Central Falls Fire Marshals office.  Finally, the Applicant is requesting that the Central Falls Fire Marshals office be authorized to grant the issuance of a Temporary Certificate of Occupancy once the construction meets his satisfaction.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby authorizes the Central Falls Fire Marshals office to approve the issuance of a Temporary Certificate of Occupancy for the various phases of this project at such time as the Central Falls Fire Marshals office is satisfied that all safety features have been brought into substantial compliance by the Applicant.

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)].