The above-captioned case was scheduled for hearing on December 30, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Richard, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Captain Gerard Dion of the Central Falls Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board finds this facility to be a mixed use occupancy consisting of four (4) apartment units and three (3) offices units.  The Board further finds that this facility was subject to a fire and is in the process of completing reconstruction.  The Board finds that this facility is a 2 1/2 story wood frame structure with an attached night club and the Applicant is requesting to occupy the first floor of the building.  The Applicant has further advised the Board and the Central Falls Fire Marshal’s Office that it will provide approved smoke and CO detection on the first floor level and remove all blockage from any exits and maintain the exits free of all obstructions.  The former night club shall be divided into three (3) office units which shall be subject to the requested temporary certificate of occupancy.  It is the understanding of the Board that the Central Falls Fire Marshal’s Office has no objection to the requested relief.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants the Central Falls Fire Marshal’s Office the authority to approve the issuance of a temporary certificate of occupancy for the first level of this facility.  The above temporary certificate of occupancy shall be in accordance with the stipulation outlined above.

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)].