The above-captioned case was scheduled for hearing on October 4, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Murphy of the Tiverton Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the October 4, 2005 hearing on this matter, the Board was advised that the Applicant is presently developing an age-restricted active adult community in Tiverton, Rhode Island.  The Board was further advised that as part of the development, the Applicant is constructing a four-story, 26 unit condominium building with an overall completion date of mid-March of 2006.  The Board was further advised that the interior construction sequence progresses from the fourth floor down to the first with completion dates as follows.  The fourth floor shall be completed by mid-December, 2005.  The third floor shall be completed by mid-January, 2006.  The second floor shall be completed by mid-February, 2006.  The first floor shall be completed by mid-Marsh, 2006.
	The Applicant is requesting a variance from the Board to allow for partial occupancy of this facility based upon the proposed completion schedule of the building.  This variance would allow the Tiverton Fire Marshal's office, at his discretion, to approve the issuance of temporary certificates of occupancy for this facility.  
By letter dated September 26, 2005, the Applicant has outlined his plan of action for the temporary occupancy of this facility.  Accordingly, the Board hereby adopts the September 26, 2005 letter of the Applicant as part of its initial findings of fact.  Finally, the Board notes that the Tiverton Fire Marshals office did not object to the Applicants request.
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Tiverton Fire Marshal's office the authority to approve the issuance of temporary and partial certificates of occupancy for this facility once the Tiverton Fire Marshal determines that the egress systems and active fire protection systems are in place for the temporarily occupied areas, and that these areas have been sealed off from all other construction to his satisfaction.  The Board notes that the approval of temporary and partial certificates of occupancy are purely discretionary with the Tiverton Fire Marshal's office.  

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)].