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 Pearson and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	This facility was previously before the Rehabilitation Board on June 10, 2003.  At that time, the parties utilized the May 7, 2003 plan review report covering this facility.  It is the understanding of the Board that the Applicant is in substantial compliance with the Rehabilitation Boards Decision in File No. R030002.  He is now seeking a Temporary Certificate of Occupancy for this facility.  Accordingly, the Board hereby adopts the May 7, 2003 plan review report and the Decision in File No. R030002 as its initial findings of fact.
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is defined in section 23-28.1-4(3) of the Rhode Island General Laws.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Providence Fire Marshals Office the authority to approve the issuance of a temporary certificate of occupancy (TCO) covering the above-captioned facility.  In granting this approval, the Board directs the Applicant to provide the Providence Fire Marshals Office with documentation outlining the final testing of the sprinkler and fire alarm systems in this facility.

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)].