The above-captioned case was scheduled for hearing on December 7, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbook, Burlingame, Coutu and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Patrick Cull of the State Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board finds that this is a multi use building known as the Bridge Building located at the Rhode Island Hospital.  The Board further finds that the Applicant is required to provide approved fire stopping at the curtain walls located at the edge of the slab construction of the facility.  The Board further finds that due to field conditions the Applicant is requesting approval of alternative methods of fire stopping requiring an engineering judgement.  The Board finds that the approval of this request will allow the State Fire Marshal’s Office to approve this phase of this project.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants a variance in order to allow the Applicant to provide the State Fire Marshal’s Office with alternative measures for the fire stopping of this facility provided that those measures are certified and/or recertified by a registered Rhode Island engineer as being in substantial compliance with the code requirements.  Once the fire stopping is so certified or recertified by a Rhode Island engineer, the State Fire Marshal’s Office may consider this certification as being fully code compliant.

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)].