The above-captioned case was scheduled for hearing on August 2, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Chief Robert Martin of the Bristol Fire Marshals Office along with State Fire Marshal Irving Owens and Chief Deputy Richard James of the State Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the August 2, 2005 hearing on this matter, the Board was advised and finds that this facility is a newly constructed parking garage having space for approximately six hundred (600) vehicles.  The Board was further advised and finds that the facility is necessary for the full operation of the University.  The Board was further advised and finds that the Applicant shall provide this facility with the remaining full fire alarm system installed at the direction and to the satisfaction of Bristol Fire Department in conjunction with the State Fire Marshals office.  The Board was further advised and finds that the Applicant shall maintain an approved fire watch by University security personnel until such time as this facility is brought into full compliance.  Finally, the Board was advised that the Applicant sought a temporary certificate of occupancy in order to allow the parking garage to be occupied on or before August 24, 2005.  

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby authorizes the Bristol Fire Marshals office to approve the issuance of a temporary certificate of occupancy for the above captioned parking garage.  In granting this relief, the Board directs the Applicant to provide this facility with an approved fire alarm system installed at the direction and to the satisfaction of the Bristol Fire Marshals office and the State Fire Marshal within 120 days of the date of this decision.  Finally, during the period that this facility is occupied without approved fire alarm coverage, the Board directs the Applicant to maintain an approved fire watch by University security personnel during all hours of 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 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)].