The above-captioned case was scheduled for hearing on August 30, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richards, Blackburn, Preiss, Burlingame, Newbrook 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 Gerard Dion of the Central Falls Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the August 30, 2005 hearing on this matter, the Board was advised and finds that the Applicant is seeking permission from the Board to allow the local authority to issue temporary certificates of occupancy as required by the construction schedule covering this facility.  Specifically, the Board finds that this is a fast tracked, design/build project consisting of the conversion of a former nursing home (four stories and basement) to a charter school.  The Board further finds that at present, only the first and second floors are to be renovated.  The Board further finds that the remaining floors will be unoccupied at this time.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby authorizes the Central Falls Fire Marshals office to approve the issuance of temporary certificates of occupancy for this facility once it is satisfied that the Applicant is in substantial compliance with the code.  The Board hereby authorizes the Central Falls Fire Marshals office to place any additional conditions and safeguards deemed necessary for the safe occupancy of this facility on a temporary basis.

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)].