The above-captioned case was scheduled for hearing on December 13, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Pearson, Filippi and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gerald Cournoyer of the Central Falls Fire Marshals office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.   The motion was unanimous.
FINDINGS OF FACT
	By letter dated November 9, 2005, the Central Falls Fire Marshals office advised the Board that the subject facility is undergoing major renovations.  The Board was further advised that during the renovations, the two (2) businesses have continued their operations and both have licenses to operate from the city and both had certificates of occupancy prior to the renovations.  
	The Board further finds that in order to obtain a new license for the coming year, a current certificate of occupancy is required.  The Board further finds that the Building Code Official cannot find the original certificates of occupancy and will not issue temporary certificates of occupancy until the renovations are complete.  Finally, the Board finds that the fire department is seeking authority to sign a temporary certificate of occupancy for these facilities.  

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby authorizes the Central Falls Fire Marshals office to approve the issuance of a temporary certificate of occupancy for the above facility or any portion thereof conditioned upon any safeguards deemed necessary by the Central Falls Fire Marshals 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)].