The above-captioned case was scheduled for hearing on April 15, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Jasparro, Jackson, Filippi, Blackburn and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Fournier of the Providence Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an September 25, 2007 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the April 15, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the September 25, 2007 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1-3.  The Board hereby directs the Applicant to correct deficiencies 1, 2 and 3 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	4.  During the April 15, 2008 hearing on this matter, the Board was advised by the Applicant that the fourth floor of this facility is vacant and shall remain vacant and that there shall be no cooking in the first floor mercantile portion of this facility.  It is the further understanding and direction of the Board that the Applicant shall properly separate the mercantile portion of this building from the remainder of the building in accordance with the provisions of section 10 of the State Fire Code.  In light of the above, the Board hereby grants a variance in order to allow this facility to be protected by a local fire alarm system as opposed to a municipally connected fire alarm system.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit plans to the Providence Fire Marshal's office for the installation of a local fire alarm system and the Board hereby grants an additional 120 days to complete the installation of the fire alarm system at the direction and to the satisfaction of the Providence Fire Marshal's Office Communications Division.
	5-8.  The Board hereby directs the Applicant to correct deficiencies 5, 6, 7 and 8 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	9.  In light of the Applicants agreement to maintain the fourth floor as a vacant portion of this building and to further separate the mercantile occupancy on the first floor from the remainder of this building, the Board hereby grants a variance from the provisions of section 31.3.5.1 in order to allow the Applicant not to sprinkler this facility.  The Board notes that this variance is contingent upon the Applicants elimination of electricity, plumbing and storage on the fourth floor in order to allow it to remain completely vacant and the Applicants notification to any future owner of this facility that the fourth floor shall remain vacant as a condition of the sprinkler relief herein and the fire alarm relief as outlined in item 4 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 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)].