The above-captioned case was scheduled for hearing on August 23, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Pearson and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.
FINDINGS OF FACT
	During the August 23, 2005 hearing on this matter, the Board was advised and finds that this is a multi-level partially vacant building.  The Board was further advised and finds that this building has a commercial use on the front half of the first floor.  The Board was further advised and finds that the Applicant intends to create six (6) apartment units on each of the upper floors for a total of eighteen (18) units.  The Board was further advised and finds that the Applicant is proposing to sprinkler the building and to further provide a municipally connected fire alarm system for the building.  The Board was further advised and finds that the owner is doing this in phases, starting with the first floor.
	The Applicant has appeared before the Board in order to secure authority for the Providence Fire Marshals office to issue temporary certificates of occupancy during the various phases of the renovation of this building.  The first requested certificate of occupancy would be to maintain the restaurant occupancy on the first floor and to occupy a new salon.  The Providence Fire Marshals office has advised the Board that the first floor restaurant will cease production of grease laden vapors until an approved fixed suppression system is installed.  The Board was further advised that temporary heat detection has been provided on the upper levels of this facility.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby authorizes the Providence Fire Marshals office to approve the issuance of temporary certificates of occupancy for the various units in this facility, at his discretion, when he deems the units to be completed, at his direction and to his satisfaction.  Accordingly, the Providence Fire Marshal may approve the issuance of a temporary certificate of occupancy for the restaurant and the salon on the first floor of this facility during phase one, and may further authorize the issuance of additional temporary certificates of occupancy at his discretion when he feels that the additional units are completed to his satisfaction.

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)].