The above-captioned case was scheduled for hearing on July 12, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Richards, Newbrook, Preiss, Evans, Burlingame, Pearson, Filippi and OConnell were present.  The fire service was represented by Chief Deputy R. Michael DiMascolo of the State 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
	During the July 12, 2005 hearing on this matter, the Board was advised and finds that the Newport facility of the Community College of Rhode Island is very nearly complete and scheduled to open for classes in September.  The Board further finds that the Applicant is requesting to be allowed to temporarily occupy several offices on or before July 13 in order to allow for enrollment and registration of students while the remainder of the building is completed for occupancy.  The Board further finds that the requested temporary occupancy would be for a small office space located on the first floor of this two story structure.  The Board further was advised and finds that the area would be occupied by fifteen (15) staff members and no more than twenty five (25) students at any time.  The Board was further advised and finds that the hours of operation are Monday through Friday 8:30 am to 5:30 pm and on Thursday nights the hours are extended to 7:00 pm and the Saturday hours are 8:00 am to 4:00 pm to accept applications and to conduct testing.
	The Board further was advised and finds that the sprinkler system in this complex is fully operational but that the fire alarm system is not complete.  The Board was further advised and finds that during the period of temporary occupancy, the Applicant shall provide a Newport firefighter equipped with radio to conduct a fire watch until the fire alarm system is completed and approved.  Finally, the Board was advised and finds that this facility maintains adequate emergency egress, lighted exit signs, emergency lighting and fire extinguishers.  The projected date for completion of the project is approximately August 1, 2005 and the State Fire Marshals office is not opposed to this request at this time.
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the State Fire Marshals office the authority to approve the issuance of a temporary certificate of occupancy for the above cited office areas of this facility.  In granting this variance, the Board notes that the State Fire Marshals office has no objection and that the Applicant shall provide a firefighter on duty until the fire alarm is completed and approved.

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)].