The above-captioned case was scheduled for hearing on May 11, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Coutu, Burlingame and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshals Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

	During the May 11, 2004 hearing on this matter, the Board was advised that the Applicant sought a temporary certificate of occupancy in order to hold Sunday services in this facility during the final stages of construction.  The Providence Fire Marshals Office advised the Board that he had no objection to such a request provided that a second means of egress shall be maintained during all Masses, that prior to the Masses being held a certified electrician will inspect and certify all wiring throughout the building, that the gas lines and electrical lines shall be capped where the stoves are, and that oil drums shall be removed or provided with approved separation at the direction and to the satisfaction of the Providence Fire Marshal.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1. Initially, the Board grants the Applicant a time variance of thirty (30) days from the date of this hearing to address the oil tank within this facility.  Specifically, the Applicant shall provide the oil tank with approved separation or remove the same at the direction and to the satisfaction of the Providence Fire Marshals Office.  The above rated separation may consist of one (1) layer of a fire rated sheet rock.  The Board further grants the Applicant a time variance of sixty (60) days from the date of this decision in order to have all the electrical wiring certified throughout this building by a licensed electrician and further cap off all of the gas and electrical lines that were servicing the stove within this facility.  In light of the above, the Board hereby grants the Providence Fire Marshals Office the authority to approve the issuance of temporary certificate of occupancy for this facility after the above conditions are met to his satisfaction.
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)].