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 Chief of Inspections William Howe of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Robert Howe of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Richard 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 the Applicant has requested that the State Fire Marshal be authorized to issue a Temporary Certificate of Occupancy (TCO) allowing the Applicant to occupy this facility, as a temporary registry of motor vehicles, while the permanent registry building undergoes emergency repairs.
	The Board further finds that this building has a wide-open floor plan with a main entrance, a side egress door and a rear egress door.  The building is further protected by a municipally connected fire alarm system and a full sprinkler system.  The Applicant has agreed to maintain the open floor plan at the direction and to the satisfaction of the State Fire Marshals Office.  It is the understanding of the Board that there are currently no major fire code deficiencies in this building and that the Applicant shall correct any minor deficiencies at the direction and to the satisfaction of the State Fire Marshal.
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby authorizes the State Fire Marshals Office to approve a Temporary Certificate of Occupancy, for a period of one hundred twenty (120) days, allowing the Applicant to occupy this fully sprinklered and alarmed facility while the main registry building undergoes emergency repairs.  The Board further authorizes the Pawtucket Fire Marshals Office to post a firefighter on duty at this facility if such additional protection is deemed necessary by the Pawtucket and State Fire Marshals Offices.

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)].