The above-captioned case was scheduled for hearing on November 19, 2002 at 1:00 P.M.  At that time, Vice Chairman Richard and Commissioners Evans, Newbrook, Pearson, Coutu, Filippi, Preiss, Wahlberg and OConnell were present. Chairman Farrell recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshals Office.  A motion was made by Commissioner OConnell and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
1.	During the November 19, 2002 hearing on this matter, the Board was advised and finds that the Applicant is requesting a temporary certificate of occupancy in order to occupy 580 square feet of a much larger building which is approximately 12,000 square feet in area. The Board was further advised and finds that the Applicants section of the building is now complete and has full sprinkler coverage and will provided with a master box fire alarm system.  The Applicant further has approved egress and approved smoke detection.  The fire service appeared and advised the board that he had no objection to the granting of a temporary certification of occupancy for the Applicants hair salon portion of this facility.  It is the understanding of the Board that all deficiencies within the Applicants portion of this facility have been corrected to the satisfaction of the Providence Fire Marshal.
	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 approves the Applicants request for a temporary certificate of occupancy of 580 square feet of this facility comprising a hair salon.  Accordingly, the Providence Fire Marshals Office is free to issue a temporary certificate of occupancy to the Applicant at this time.
	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)].