The above-captioned case was scheduled for hearing on May 18, 2004 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook, Coutu and Filippi were present.  The fire service was represented by Chief Deputy Fire Marshal Richard James of the State Fire Marshal’s Office along with Assistant Deputy State Fire Marshal William J. Papa of the Fire Alarm Division of the Warwick Fire Department.  Initial motion was made by Commissioner Newbrook and seconded by Commissioner Wahlberg to authorize a State Fire Marshal to approve the issuance of a temporary certificate of occupancy upon substantial compliance with the code for this facility.  The motion was unanimous.  A second motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook to allow for a temporary variance covering the sally port stairs, to be utilized without a center rail, until the elevators of this facility become operational.  This variance was also approved unanimously.

FINDINGS OF FACT
	
This matter was previously before the Board and the Board relies upon its original findings in file number 030162.  In addition, the Board was advised that the elevators for this facility will not be installed until mid summer, 2004.  The Board was further advised that the FDC has valves located on each floor and that the State Fire Marshal’s Office recommends removal of the valves.  The Board was further advised that the Applicant sought an issuance of a temporary certificate of occupancy without the elevators being in full operation.  The Board was further advised that the Applicant would comply with the recommendations in request of the State Building Commission regarding the northwest corner of the building by the provision of a pad and guardrail with a compacted stone ramp.  The two (2) issues before the Board, as outlined above, are the issuance of a temporary certificate of occupancy and use of sally port stairs, without a center rail, for the transportation of prisoners until the elevators become fully operational.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants the State Fire Marshal’s Office authorization to approve the issuance of temporary certificate of occupancy upon substantial compliance with the code.  Specifically, the temporary certificate of occupancy maybe issued prior to the full operation of the elevators within this facility.
	
2. The Board hereby grants the Applicant a temporary variance in order to allow the use of the sally port stairs, without a center rail, for the transportation of prisoners until the elevators in this facility become fully operational.

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 Applicant’s 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 Board’s 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 Board’s 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)].