The above-captioned case was scheduled for hearing on December 02, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Pearson, and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the December 2, 2003 hearing on this matter, the Board was advised and finds that the Applicant has correct the majority of the deficiencies within this facility and plans to correct the remaining deficiencies within the next two (2) weeks. The Board was further advised and finds that this facility currently has a fully operational master fire alarm system and full sprinkler system. The Applicant has appeared before the Board to request that the Providence Fire Marshal’s Office be authorized to approve the issue and issue a temporary certificate of occupancy.  The above representative of the Providence Fire Marshal’s Office appeared and had no objection to the granting of this request.  It is the understanding of the Board that all fire code deficiencies have been corrected or shall be corrected within the next two (2) weeks.
	
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 Providence Fire Marshal’s Office to approve the issuance of temporary certificate of occupancy for the full occupancy of this facility.  The Board hereby grants the Applicant a time variances of two (2) weeks from the date of this hearing in which to correct all remaining deficiencies within this facility to the satisfaction of the Providence Fire Marshal’s Office.  In granting this relief, it is the understanding of that the Board that the Providence Fire Marshal’s Office has no objection.

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)].