The above-captioned case was scheduled for hearing on August 16, 2005 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Blackburn, Newbrook, Preiss, OConnell, Pearson 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 Newbrook and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	It is the understanding and findings of the Board that this is a fast-track, design/build project consisting of a two and five story addition to the existing detention facility and also includes renovations to the existing facility.  The Board was further advised and finds that the Applicant seeks to allow occupancy of portions of this facility prior to completion of the entire project in order to maintain continuing and secure operations.  The Board further finds that the Applicant is requesting permission of the Board to allow the local authority to issue temporary certificates of occupancy as required by the construction schedule.  The Central Falls Fire Marshals office appeared and had no objection to the requested relief.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby authorizes the Central Falls Fire Marshals office to issue temporary certificates of occupancy to allow the limited occupancy of this facility prior to the conclusion of this construction project.  Such allowed occupancy shall be at the direction and to the satisfaction of the Central Falls Fire Marshal pursuant to any conditions imposed by that office.  

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)].