The above-captioned case was scheduled for hearing on November 1, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Richard, Newbrook, Preiss, Burlingame, Blackburn and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the November 1, 2005 hearing on this matter, the Board was advised and finds that the Applicant is seeking the issuance of a temporary certificate of occupancy for the above captioned facility.  The Board was further advised and finds that the Applicant plans to have all life safety requirements in place within this complex on or before November 4, 2005.  The Board was further advised and finds that the Applicant seeks to allow for the issuance of a temporary certificate of occupancy for Unit 100 (listed as 1268 Westminster Street in the citys tax files).  The Board was further advised and finds that the buyer of this unit is the owner of an injury rehabilitation clinic and the lease is now ended for its existing location.  The Board was further advised and finds that the owner was hopeful of moving into the new unit on or before November 11, 2005 in order to continue her practice with minimal disruption to her business.  

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Providence Fire Marshal's office the authority to approve the issuance of a temporary certificate of occupancy for the various units within this facility.  Specifically, once the Providence Fire Marshals office is satisfied that all of the life safety features of the facility are in compliance, including the sprinkler, fire alarm and egress systems, the Providence Fire Marshals office may approve the occupancy of one or more units within this complex.  

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)].