The above-captioned case was scheduled for hearing on May 10, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the May 10, 2005 hearing on this matter, the Board was advised that there was no separation between the business and residential occupancies of this facility and the stairways were constructed of wood with no rating.  The Board was further advised and finds that the Applicant has identified this facility as an historic Victorian building with interior walls, moldings, doors and windows that are architecturally significant.  Accordingly, the Applicant is requesting a variance on the basis of “architectural hardship”.  The Board further finds that the Applicant is requesting a variance from the provisions of NFPA 101 to allow the installation of a properly engineered domestically supplied sprinkler system, at the direction and to the satisfaction of the Providence Fire Prevention Division.  It is the further understanding of the Board that the Applicant shall provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1.  In light of the above, the Board hereby directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshal’s office, prior to occupancy of this facility.
	
2.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with an approved, properly engineered 13R sprinkler system, installed at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
3.  The Board hereby grants the Providence Fire Marshal’s office the authority to allow for the temporary occupancy of part or all of this facility upon completion of the fire alarm system, but prior to the completion of the sprinkler system, as outlined in item #2 above.  

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)].