The above-captioned case was scheduled for hearing on December 20, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Newbrook, Pearson and Burlingame 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 Newbrook and seconded by Vice Chairman Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	It is the understanding and finding of the Board that this is a three-level professional building of brick exterior with steel frame and steel stud and plaster partitions.  It is the further understanding and finding of the Board that this facility is partitioned into six units, two on each floor, with a main corridor crossing the front of the building and connecting the stairways at either end.  It is the further understanding of the Board that this facility was built in 1962 and that the entire building has a total of 16,720 square feet with approximately 4,180 square feet per floor.
	The Providence Fire Marshals office has advised the Board that a request has come to that office for an ophthalmologist on the third floor to move to the ground floor and open prior to the completion of construction.  This would require approval of the authorization of a temporary certificate of occupancy from the Board.  It is the understanding of the Board that the Providence Fire Marshals office supports this request.
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby authorizes the Providence Fire Marshals office to approve the issuance of a temporary certificate of occupancy for one or more of the units of this facility upon that office being satisfied that the building is safely habitable.

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)].