The above-captioned case was originally heard by the Board on August 26, 2003 and a decision was rendered in file #030284.  The Applicant has returned to the Board requesting a temporary certificate of occupancy from the State Fire Marshal’s Office.  The Applicant’s most recent request was scheduled for hearing on September 16, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, Coutu and Filippi were present.  By a letter dated September 11, 2003 the Providence Fire Marshal’s Office advised the Board that there was no objection to issuance of temporary certificate of occupancy for this facility.  Accordingly, a motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby relies on its original findings of fact in file #030284.  In addition, it is the understanding of the Board that the Applicant shall correct all outstanding deficiencies prior to full occupancy of this facility and that the supervised fire alarm system and sprinkler system within this facility are in working order.  The Applicant is seeking the Board to authorize the Providence Fire Marshal’s Office to issue a temporary certificate of occupancy covering this facility.  The Providence Fire Marshal’s Office has no objection to this request.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. Accordingly, the Board hereby authorizes the Providence Fire Marshal’s Office to allow the Applicant a temporary certificate of occupancy for this facility once all outstanding deficiencies have been corrected at the direction and to the satisfaction of the Providence Fire Marshal’s 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 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)].