The above-captioned case was scheduled for hearing on July 26, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Pearson, OConnell and Burlingame were present.  The fire service was represented by Chief John Walsh and Assistant Deputy State Fire Marshal Paul Berry of the Cumberland Fire Marshals Office along with Deputy State Fire Marshal Steven Day of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the July 26, 2005 hearing on this matter, the Board was advised and finds that the Applicant was requesting that the Cumberland Fire Marshals office be authorized to issue a temporary certificate of occupancy for each of the buildings within this complex in the future as they are brought into substantial compliance with the code.  However, the Applicant is particularly concerned with the ability of the Cumberland Fire Marshals office to immediately approve the granting of a temporary certificate of occupancy for Building A of this complex.  It is the understanding of the Board that Building A is fully sprinklered and all of the emergency lighting and fire alarm system has been approved.  It is the further understanding of the Board that the Applicant has worked closely with the Cumberland Fire Marshals office in addressing the concerns of that office.  Finally, it is the understanding of the Board that buildings shall only be occupied when both the fire alarm system and sprinkler systems are on-line and fully functional.
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby authorizes the Cumberland Fire Marshals office to approve the issuance of a temporary certificate of occupancy for each of the buildings in this complex at such time when the fire alarm, sprinkler and other major fire protection systems are on-line.  The Board notes that the Fire Chief would still have the authority to establish a fire watch detail, at his discretion, during this period of temporary occupancy.  The Board notes that Building A is in substantial compliance with the code and that the remaining buildings shall be brought into compliance prior to the issuance of a temporary certificate of occupancy.  Finally, the Board shall maintain this file as an open file until the final certificate of occupancy is issued in the event the Applicant or the Fire Service has additional questions or issues to be addressed by the Board.  

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)].