The above-captioned case was scheduled for hearing on December 16, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Burlingame, Preiss, Wahlberg, Newbrook, Filippi, Pearson, Evans and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
		This matter was previously for hearing on May 6, 2003 and a decision was subsequently issued.  The Decision outlined an approved plan of action for the fire safety of this facility.  It is the understanding of  the Board that the facility is currently in substantial compliance with the original decision on this matter and that the Applicant has returned requesting that the Providence Fire Marshals Office be authorized to approve the issuance of  a temporary certificate of occupancy for this facility.  The fire marshal appeared and had no objection to the Applicants request.

CONCLUSIONS AND VARIANCE REQUESTS
1.	In light of the above, the Board hereby authorizes the Providence Fire Marshals Office to approve the issuance of a temporary certificate of occupancy covering this facility.  In granting this authorization, it is the understanding of the Board that the Providence Fire Marshals 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 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)].