The above-captioned case was originally scheduled for hearing on April 6, 2004 at 1:00 pm.  At that time initial testimony was taken and the matter was continued to April 20, 2004.  During the April 20, 2004 hearing on this matter, the Applicant was advised to develop a plan of action for alternative fire safety in light of the restrictions on the fire department access to this proposed building.  The Applicant and his representatives met with the Providence Fire Marshal’s office and agreed upon a plan of action which was thereupon submitted to the Board on June 29, 2004.  After review of the plan of action on June 29, 2004, the plan was approved by the Board and a Decision in file #040032 was issued on August 25, 2004.  

The Applicant has now returned requesting review and relief for its proposed fire walls within this facility.  The latest hearing was scheduled for March 29, 2005 at 1:00 pm.  At that time, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant’s requested relief.  The motion was unanimous.

FINDINGS OF FACT

The Board hereby adopts its original findings of fact in file #040032 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant is requesting alternative methods for the construction of fire wall terminations at the exterior of the building both at the roof and at the exterior wall conditions.  Specifically, the Applicant’s representative has outlined a technical plan of action regarding the fire walls in a letter dated February 22, 2005.  The above letter is incorporated by reference in this decision.  The Board notes that the Providence Fire Marshal’s office appears satisfied with the plan of action with approved rating on the underside of the roof of this facility.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1.  In light of the above, the Board hereby adopts the Applicant’s plan of action as outlined in the February 22, 2005 letter submitted by the Applicant’s representative.  As a condition of this variance, the Board directs the Applicant to provide any additional safeguards deemed necessary by the Providence Fire Marshal’s 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 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)].