The above-captioned case was scheduled for hearing on August 18, 2009 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Jackson, Dias, Walker, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Christopher Dillon of the Providence Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the August 18, 2009 hearing, the Board had before it an April 14, 2009 plan review disapproval letter from the Providence Fire Marshal's office along with a June 25, 2009 letter from the Rhode Island Foundation providing a description of the above captioned facility and also outlining the Foundations request for relief.  
	Accordingly, the Board finds that this facility is a three-story non-combustible building that is presently protected by a sprinkler system and a municipally connected fire alarm system.  The Board further finds that the building contains approximately 4800 gross interior square feet and that the fire alarm system of this facility was installed in 1990 and previously approved by the Providence Fire Department Division of Telecommunications.  The Board further finds that the proposed tenant space renovations were approximately 4500 square feet but the Providence Fire Marshal's office required the entire fire alarm system of this facility to be upgraded.  The Board finds that the Applicant has agreed to upgrade the fire alarm system of this entire facility.  However, the Applicant is requesting time in which to make the corrections.  
Additionally, the Board finds that the Applicant wishes the Board to authorize the Providence Fire Marshal's office to sign a temporary certificate of occupancy in order to allow occupancy and licensure of the renovated tenant space (Ardeos restaurant).  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board notes that it has not been asked to rule upon the Providence Fire Marshal's Division of Communications request that the Applicant upgrade the fire alarm system throughout this complex.  The parties are in apparent agreement to do this.  The Applicant is simply requesting time.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit to the Providence Fire Marshal's office its plans for the upgrading of the fire alarm system within this complex.  The Board further grants the Applicant an additional 120 days in which to implement the above plan for the upgrading of the fire alarm system.  The Board hereby authorizes the Providence Fire Marshal's office to extend either or both of the above time lines in light of good faith efforts being shown by the Applicant in progressing to the completion of this project.  
	2.  The Board hereby authorizes the Providence Fire Marshal's office to approve the issuance of a temporary certificate of occupancy during that period of time that the fire alarm system throughout this complex is being upgraded.  

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)].