The above-captioned case was most recently scheduled for hearing on December 6, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu, and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame, Pearson and Filippi were present.  The fire service was represented by ADSFM Christopher Kirwin of the Newport Fire Marshals Office.  A motion was made by Commissioner Preiss, seconded by Commissioner Newbrook, to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file number 050569 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has requested that the Newport Fire Marshals office approve the issuance of a temporary certificate of occupancy in conjunction with the Building Official for the City of Newport for this facility.  The Board was further advised and finds that the temporary certificate of occupancy may be necessary in order to secure historical tax credits for this facility.  Finally, it is the understanding of the Board that substantial progress has been made within this facility.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Newport Fire Marshals office the authority to approve the issuance of a temporary certificate of occupancy by the Newport Building Official for this facility.  Specifically, the Newport Fire Marshals office shall have the discretion to issue a temporary certificate of occupancy for this facility once that office is satisfied that the facility can be safety occupied 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)].