The above-captioned case was scheduled for hearing on March 4, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Filippi, Jasparro, Preiss and Blackburn were present.  Commissioners Walker and Richard recused themselves from consideration of this case.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the March 4, 2008 hearing on this matter, the East Providence Fire Marshal's office did not appear.  However, they submitted a letter dated March 3, 2008 indicating that as the authority having jurisdiction, they did not oppose the granting of an equivalency covering the above facility by the Fire Safety Code Board of Appeal & Review.  The March 3, 2008 letter also provided an extensive background on this case and a description of the issue presented.  The above March 3, 2008 letter was utilized by the Board and the Applicant during the March 4, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the March 3, 2008 East Providence Fire Department letter as its initial findings of fact.  It is the understanding of the Board that all other fire code deficiencies in this facility have been or will be corrected by the Applicant.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  It is the understanding of the Board that the approved plans for this facility showed a one-hour UL listed wall separating the dwelling units from each other.  However, it was subsequently determined that the original UL number provided was not complied with in this case.  The Board notes that the East Providence Building Inspector has visited this site on different occasions and was satisfied with the construction of the wall for structural integrity.  The Board further notes that if the Applicant provides the wall with approved mineral wool as per UL 419, the Applicant would effect an equivalency in this case.
	The Board hereby grants a variance in order to allow the Applicant to utilize the existing wall construction with mineral wool installed per UL 419 as an approved assembly in this case.  In granting this relief, the Board notes that the East Providence Building Inspector is satisfied with the structural integrity of the wall and that the East Providence Fire Marshal's office does not oppose the granting of an equivalency by the Board.

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)].