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, Blackburn, Preiss, Jasparro, Pearson, Filippi and Dias were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Carey and Bellamy of the East Providence Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the July 8, 2008 hearing on this matter, the Board had before it a June 26, 2008 letter from the East Providence Fire Marshal's office outlining the variance request.  Specifically, the Board finds that the Applicant wished to maintain a window adjacent to the two-hour fire separation doors (horizontal exit) for the adjoining corridor leading to the un-sprinklered building within this complex.  The Board further finds that this area would require a one-hour rated assembly for 120 inches to the side of the exit in accordance with RI Life Safety Code section 7.2.4.3.3.  The Board further finds that the parties have discussed the possibility of protecting the cited window with sprinkler head coverage being spaced no more than twelve (12) inches to provide a water curtain for the glass as allowed in occupancies with glassed-wall atriums in accordance with the provisions of section 8.6.7(1)(c).  During the hearing, it was the consensus of the Board that the Applicant could maintain the requested window at the direction and to the satisfaction of the East Providence Fire Marshal's office with approved sprinkler coverage both inside and outside the window with extended sprinkler heads installed at the direction and to the satisfaction of the East Providence Fire Marshal's office.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to maintain the requested window, as outlined above, with approved water curtain sprinkler coverage both inside and outside the window utilizing extended heads at the direction and to the satisfaction of the East Providence Fire Marshal's office.  In light of the above, it is the understanding of the Board that the East Providence Fire Marshal's office has no objection.

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)].