The above-captioned case was originally scheduled for hearing on June 17, 2003 at 1:00 P.M.  At that time, a subcommittee of the Board recommended that the Applicant be granted a temporary certificate of occupancy.  The subcommittee’s recommendations were reviewed by the full Board on June 24, 2003.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Richard, Pearson, Filippi and Burlingame were present.  A motion was made by Commissioner Filippi and seconded by Commissioner Newbrook to grant the requested temporary certificate of occupancy provided the Applicant maintain approved separation at the direction and to the satisfaction of the Providence Fire Marshal’s office.

FINDINGS OF FACT
	
The Board hereby finds that the subject portion of this facility is a wing for health fitness and child care.  The above wing was constructed in the 1950s and consists of a basement and two floors.  The Applicant has advised the Board that he can provide suitable separation at the direction and to the satisfaction of the Providence Fire Marshal’s office, for the remainder of this facility.  The Applicant has requested a temporary certificate of occupancy for this area.  The Providence Fire Marshal’s office appeared and had no objection provided that approved separation was maintained by the Applicant.  It is the understanding of the Board that the remaining fire code deficiencies in this area have been corrected by the Applicant.
	
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 authorizes the Providence Fire Marshal’s office to issue a temporary certificate of occupancy to allow for the temporary occupancy of the health fitness and child care portions of this facility provided these areas are suitably separated from the remainder of this facility to the satisfaction of the Providence Fire Marshal.

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)].