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 Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

During the December 30, 2003 hearing on this matter, the Board was advised and finds that the subject facility has a multiple tenant occupancy.  The Board was further advised and finds that one of the tenants, Sovereign Bank, is requesting approval of a temporary certificate of occupancy to be allowed to occupy its proposed space.  The Board was further advised and finds that the bank has an approved fire alarm system and tenant separation approved by the Providence Fire Marshal’s Office.  It is the understanding of the Board that the Providence Fire Marshal’s Office supports this requested relief.	
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby authorizes the Providence Fire Marshal to approve the issuance of a temporary certificate of occupancy for the Sovereign Bank at the above location.  In granting this relief, it is the understanding of the Board that the Sovereign Bank maintains an approved fire alarm system and tenant separation.

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)].