The above-captioned case was scheduled for hearing on October 7, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Jackson, Jasparro and Dias were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Gregory Unsworth and John Horan of the North Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and Commissioner Dias and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	By letter dated June 12, 2008, the Applicant advised that the subject facility is an existing eight-story apartment occupancy.  The Board was further advised and finds that the building was originally constructed in 1982/1983.  The Board was further advised and finds that the building measures approximately sixty-five feet from the lowest level of fire department vehicle access to the floor of the highest occupiable story.  The Board further finds that, as such, the building does not meet the current Rhode Island Fire Safety Code or Rhode Island State Building Code definition of a high-rise building.  Further, the Board finds that the building may have been considered a high-rise building under a previous edition of the RI Fire Safety Code at the time of original construction.
	The Board further finds that the building is currently equipped with a complete fire alarm system, exit signs and emergency lighting.  The Board further finds that the building is equipped with an existing fire alarm system with voice communication.  However, the Board finds that the existing automatic fire alarm system does not meet the current RI Uniform Fire Code provisions for either a high-rise system or a municipally connected system.  The Board finds that the applicant has proposed a new municipally connected fire alarm system within this building.  The Board further finds that the North Providence Fire Department issued a disapproval letter citing the RI Uniform Fire Code section 13.8.7.3 requesting that the new fire alarm system be installed according with the provisions for high rise buildings.  
	The Board further finds that the Applicant originally posed two (2) questions but withdrew the first question.  The Board finds that the question now before it is whether a high-rise fire alarm system is required in a building that does not meet the current RI Fire Safety Code definition of a high-rise building.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby finds that the original plan of action submitted by the Applicant to the Fire Marshal's office for this facility provides the appropriate fire alarm coverage.  Specifically, as a non-high rise building, a municipally connected fire alarm system should be installed in accordance with the code.
	Finally, the Board notes that the Applicant will recommend that the owner voluntarily provide this facility with a bi-directional amplifier system to augment the 800 MHz radio system.

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)].