The above-captioned case was scheduled for hearing on May 24, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Preiss, Evans, Burlingame and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Patrick Cull of the State Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the May 25, 2005 hearing on this matter, the Board was advised and finds that the Applicant is performing renovations on, and providing additions to, an existing two (2) story mixed use structure.  The Board further finds that the first floor is a bakery and restaurant and the second floor is a hotel.  The Board further finds that the State Fire Marshals office has conducted rough inspections of the fire alarm and sprinkler systems.  The Board further finds that the proposed uses are seasonal with an effective ten-week season.  Finally, the Board finds that the Applicant wishes to secure temporary certificates of occupancy for the first floor bakery and restaurant of this facility while the interior finish work continues on the second floor hotel.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby authorizes the State Fire Marshals office to approve the issuance of a temporary certificate of occupancy for the first floor of this facility upon completion of the fire alarm and sprinkler coverage on that level.  Specifically, if the current state of the fire alarm and sprinkler system are satisfactory to the Fire Marshal for a temporary occupancy, the Board shall grant the Fire Marshals office the ability to approve the temporary occupancy of that level.  It is the understanding of the Board that there will be no occupancy of the second level of this facility until the final certificate of occupancy is approved and that all fire safety code deficiencies have been corrected 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)].