The above-captioned case was scheduled for hearing on August 30, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richards, Blackburn, Preiss, Burlingame, Newbrook and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Larocque, Pastore and Peiczarck of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Vice Chairman Coutu 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 this is a newly constructed building measuring approximately 123 x 35 in area.  The Board further finds that this building was originally approved as a shell only during the plan review until the occupancy type was determined once the units were leased.  The Board was further advised and finds that this facility is a single level building which will house mercantile and business occupancies at this time.  The Board was further advised and finds that this building has a local fire alarm system which is operational and that the building has a sprinkler system which is currently not supervised.  The Board was further advised and finds that final modifications to the sprinkler system are being made due to additional wall installations and the installation of a hood and duct system in the pizza parlor.  Finally, the Board was advised that the Applicant is requesting a temporary certificate of occupancy to allow a single tenant (a hair salon) to occupy one of the units until the master box is installed to supervise the sprinkler system.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the West Warwick Fire Marshals office the authority to approve the issuance of a temporary certificate of occupancy for the proposed hair salon occupancy of one of the units of this facility.

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)].