The above-captioned case was scheduled for hearing on June 3, 2008 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Dias, Jasparro, Preiss, Filippi, Pearson and Blackburn were present.  Commissioners Walker and Richard recused themselves from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Bellamy of the East Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Jasparro 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 a variance summary report submitted to the Board on June 2, 2008 by the East Providence Fire Marshal's office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the June 3, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the June 2, 2008 summary 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.  The Board hereby grants a variance from the provisions of NFPA 13 Chapter 8.14.1 and its referenced standards, in order to allow the Applicant to provide the utility chases with approved draft stopping and intumescent paint on the wooden portion of the wire and utility chases.  When this is completed, the Board directs that there shall be no access to these areas and that the chases would proceed horizontally down the corridors. 
	2.  The Board hereby grants a variance from the provisions of NFPA 13 Chapter 8.14.5 and its referenced standards, in order to allow the Applicant to provide approved detection in lieu of sprinkler coverage in the elevator shafts cited in Building 3.  
	3.  The Board hereby grants a variance from the provisions of NFPA 13 Chapter 8.14.5 and its referenced standards in order to allow the Applicant to provide approved detection, in lieu of sprinkler coverage, at the top of the elevator hoistway of the elevator shaft in Building 3.
	4.  It is the understanding of the Board that deficiency 4 is a building code issue and accordingly would be moot as the Fire Marshal and the Fire Board have no authority over these provisions.

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)].