The above-captioned case was scheduled for hearing on July 8, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Preiss, Jasparro, Walker, Pearson, Filippi and Dias were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioners Dias and Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of a revised plan of action submitted by Hughes Engineering and dated May 29, 2008.  The Board finds that the revised plan of action makes request for variance on three (3) issues.  Initially, the Board finds that the Applicant is requesting to be allowed to consider the first and second floor spaces as communicating spaces to achieve a compliant means of egress both during and after the construction process.  Secondly, the Board finds that the Applicant has requested to be allowed to maintain locked doors within the means of egress as a temporary construction condition.  Finally, the Board finds that the Applicant is requesting to be allowed to create a temporary dead end greater than fifty (50) feet in length in the lobby space during the construction period.  The Board finds that the Applicant has proposed and will comply with a fire watch and will go forward with the project at the direction and to the satisfaction of the Providence Fire Marshal's office.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of RI Life Safety Code section 8.6.6 in order to allow the Applicant to consider the first and second floor spaces as a communicating space in order to achieve a compliant means of egress both during and after the construction of this facility in accordance with its plan of action as outlined in the May 29, 2008 correspondence.  In granting this relief, the Board directs the Applicant to maintain the proposed fire watch during the construction period and to comply with any further directives of the Providence Fire Marshal's office.
	2.  The Board hereby grants a variance from the provisions of section 7.2.1.6.2 in order to allow the Applicant to utilize alternative means of egress to the lobby space at the direction and to the satisfaction of the Providence Fire Marshal's office in accordance with the plan of action dated May 29, 2008.
	3.  The Board hereby grants a variance from the provisions of section 7.6 in order to allow the Applicant to temporarily create a dead end corridor greater than fifty (50) feet in length during the on-going construction process at this facility.  In granting this relief, the Board directs the Applicant to implement the proposed alternative of temporary signage as outlined in the May 29, 2008 letter and to further provide this facility with a proposed fire watch and any additional recommendations deemed necessary by the Providence Fire Marshal's office.
	4.  In light of the on-going nature of this process, the Board hereby leaves this file open in the event the Applicant wishes to return to the Board with additional variance requests or information requests.

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)].