The above-captioned case was scheduled for hearing on January 20, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Richard, Burlingame and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the January 20, 2004 hearing on this matter, the Board was advised and finds that this was three existing buildings to be joined with a connector building.  The Providence Fire Marshal’s office has not yet completed a full plan review report.  However, the Providence Fire Marshal did note that all three buildings are fully sprinklered and maintain a municipally connected fire alarm system.  The building also appears to maintain a high quality egress system.  The Applicant has appeared before the Board requesting authority for the Providence Fire Marshal to issue a temporary certificate of occupancy for this facility.  The Applicant has noted that there may be a number of relatively minor violations that had been identified and shall be addressed.  The Providence Fire Marshal appeared and had no objection to being authorized to issue a temporary certificate of occupancy for this facility.  Finally, the parties requested that this file remain open to address any final issues. 

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the Providence Fire Marshal’s office the authority to authorize the issuance of a temporary certificate of occupancy for this facility.  The Board hereby maintains this as an open file for a period of sixty (60) days from the date of this decision, in which time the Applicant and/or the Providence Fire Marshal may address any remaining issues.

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 Applicant’s 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 Board’s 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 Board’s 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)].