The above-captioned case was scheduled for hearing on October 22, 2002 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Filippi, Coutu, Wahlberg, Newbrook, Richard and Preiss 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 Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the October 22, 2002 herring on this matter, the Board was advised that this facility had been previously revised as a fitness center and a Decision had been rendered pursuant to that since January of this year, the facility had been utilized for a public assembly occupancy two to three times a week.  The Board was further advised that the Applicant had applied for a limited liquor license and was thereupon requested to submit to various inspections including a review under the Fire Safety Code.  While no plans have been submitted to the Providence Fire Marshals Office for approval of this expanded occupancy, the Applicant is requesting the o authorize a temporary certificate of occupancy for this facility.
	In requesting the temporary certificate of occupancy, the Applicant has advised the Board that all life safety systems in this facility are fully operational and that they shall provide plan review documentation within sixty (60) days.  The Board was further advised by the Applicant that the double doors on the Westminster Street side of this building should be fully accessible and remain unlocked during all hours of assembly occupancy.  In requesting a temporary certificate of occupancy, the Applicant has advised the Board that as a condition of its request, it would consent to the fire fighter detail being provided during all hours of assembly occupancy.  The Applicant further advised the Board only the main level of this facility shall be occupied by the public and that the staff would maintain limited occupancy of the basement and the second floor of this facility. 
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 23-28.11-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby authorizes the Providence Fire Marshals Office to issue a temporary certificate of occupancy in order to allow the Applicant to utilize this facility as new assembly occupancy.  The Board further grants the Applicant time variance of six (60) days from the date of this Decision in which to submit a plan view addressing any outstanding deficiencies within this facility.  Until this facility is brought into compliance with the code or receives the necessary variances, the Board hereby directs the Applicant to provide an approved fire fighter detail during all hours of assembly occupancy.  The composition of the detail shall be determined by the Providence Fire Marshal.  In granting this variance, the Board further understands that the sprinkler system and alarm systems of this facility are fully operational and that the public occupancy of this facility shall be limited to the first floor.  Finally, the Board shall maintain this file as an open file in the event either party needs future review of this facility.

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.  
	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. 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.  
	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.  

	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)].