The above-captioned case was scheduled for hearing on January 13, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame and Richard were present.  Commissioners Coutu and Filippi recused themselves from consideration of this case. The fire service was represented by Assistant Deputy State Fire Marshal Keith Sullivan of the Central Falls Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During a January 13, 2004 hearing on this matter, the Board was advised and finds that this facility is being converted into a self-storage occupancy.  The Board was further advised and finds that the sprinkler zoning in the front 1/3 of this facility is not zoned per code. The Board was further advised and finds that the Applicant is requesting that the Board authorize the Central Falls Fire Marshal’s Office to issue a temporary certificate of occupancy for this facility upon their satisfaction that the fire alarm zoning is in compliance with the code.  It is the understanding of the Board that all other fire code deficiencies in this facility shall be corrected by the Applicant.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby authorizes the Central Falls Fire Marshal’s Office to approve the issuance of a temporary certificate of occupancy for this facility upon being satisfy that the fire alarm system of this facility is in compliance with the State Fire Code.

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)].