The above-captioned case was most recently scheduled for hearing on July 13, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Evans, Burlingame, Coutu, Filippi, OConnell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Murphy of the Tiverton Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	This matter was previously before the Board and a decision was issued in file number 030425.  Accordingly, the Board hereby incorporates its original findings of fact as its initial findings of fact in this case.  In addition, the Board finds that the Applicant is planning to occupy the new business area of this facility located in the new addition.  However, the Board finds that the Applicant needs approval from the Tiverton Fire Marshals Office to so occupy this area.  The Applicant has now come before the Board requesting that the Tiverton Fire Marshals Office be granted the authority to approve the issuance of a temporary certificate of occupancy for the new business area of this building.  
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Tiverton Fire Marshals Office the authority to authorize the issuance of a temporary certificate of occupancy to allow the Applicant to occupy the new business area of this facility, provided that the fire alarm system for this entire facility has been approved by the Tiverton Fire Marshals Office.

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)].