The above-captioned case was scheduled for hearing on November 29, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Preiss, Burlingame, Blackburn, Filippi, OConnell and Pearson were present.  Commissioner Newbrook recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the November 29, 2005 hearing on this matter, the Board was advised and finds that the Hope Artist Village (formerly Hope Webbing Company) located at 999-1005 Main Street was requesting a temporary certificate of occupancy for a portion of the first phase of this project.  The first phase received a building permit in September to convert the northernmost weave shed (55,000 square feet of the 650,000 square feet in the mill complex) into light manufacturing spaces approximately 1600 to 8000 square feet in size.  The Board was further advised and finds that Urban Smart Growth, the company developing and managing this project, certifies that the area to be occupied, the units west of the central exit corridor, will be fully protected by fire suppression and fire alarm systems and that there will be adequate means of egress.  The Board was further advised and finds that in order to provide temporary means of egress, access to two (2) remote existing exterior exits will be provided.  The Board was finally advised that Urban Smart Growth had requested that the local Pawtucket Fire Marshal be given permission to grant a certificate of occupancy as soon as the above terms had been completed.  The Pawtucket Fire Marshal's office reaffirmed that all of the life safety concerns addressed in the above findings will be addressed by that office and upon their completion, the Pawtucket Fire Marshals office would be willing to authorize the issuance of a temporary certificate of occupancy.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Pawtucket Fire Marshals office the authority to approve the issuance of a temporary certificate of occupancy for those spaces within this facility that it is determined by that office to be in compliance with the major requirements of the fire code in the absence of any further conditions deemed hazardous by the Pawtucket 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)].