The above-captioned case was scheduled for hearing on May 5, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Filippi, Blackburn, Preiss, Dias, Jasparro and Richard were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Chief Plan Review Officer Wade Palazini of the State Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Filippi, Dias, Blackburn and Preiss.

FINDINGS OF FACT
	During the May 5, 2009 hearing on this matter, the Board was advised and finds that the Applicant is currently renovating the southeast corner of the street level of the Providence Place Mall (Unit 1010) for a CVS Pharmacy.  The Board was further advised and finds that the new store abuts the rotunda/stairway on the corner of Francis Street and Memorial Boulevard.  
	The Board was further advised and finds that CVS wishes to install a two-hour rated vision panel (window) from the rotunda looking into the retail area of the store.  The Board was further advised and finds that the stair is protected by a two-hour fire rated petition in accordance with NFPA and that by code a fire window assembly in a stairway is not permitted.  
	The Board finds that the Applicant is proposing to install a two-hour fire rated window assembly (six feet four inches wide by three feet high) in the two-hour rated partition between the stair and the CVS retail area.  In addition, the Board was advised and finds that the Applicant would provide a quick response side wall sprinkler head on each side of the window.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of table 8.3.4.2 in order to allow the Applicant to install the proposed two-hour fire rated fire window assembly (six feet four inches wide by three feet high) in the two-hour fire rated partition between the above cited stairway and the CVS retail area.  As a condition of this variance, the Board directs the Applicant to further provide quick response side wall sprinkler heads on each side of the cited window at the direction and to the satisfaction of the State Fire Marshal's office.  In granting this relief, it is the understanding of the Board that the State Fire Marshal's office has no objection in light of the safeguards being provided by the Applicant.

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 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.  (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 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.  (See: Board Rules and Regulations, section 6-2-20).
	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)].