The above-captioned case was scheduled for hearing on November 8, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Blackburn, Burlingame, Newbrook, Preiss and Filippi were present.  Background information on this case was provided by the Chairman.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby finds that the subject facility is a toy store and office space that is fully sprinklered and alarmed and otherwise in compliance with the codes.  The Board further finds that only minor issues remain and that once these issues are concluded a full certificate of occupancy is scheduled to be issued.  However, it is the understanding of the Board that the Applicant is requesting that the Providence Fire Marshals office be authorized to issue a temporary certificate of occupancy until such time as the minor issues are corrected.  It is the understanding of the Board that the Providence Fire Marshals office has no objection to the issuance of a temporary certificate of occupancy.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  In light of the above, the Board hereby grants the Providence Fire Marshals office the authority to approve the issuance of a temporary certificate of occupancy for this fully sprinklered and fully alarmed 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)].