The above-captioned case was scheduled for hearing on October 21, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Pearson, Jackson, Richard, Preiss, Walker and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Pearson and Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The three (3) variances requested by the Applicant are specifically outlined in three letters each dated September 9, 2008.  The first letter is identified as Re: Sprinkler Requirements for Existing Pool Space in Peterson Recreation Center.  The second September 9, 2008 letter is identified as Re: Variance from Requirement for one-hour fire rated corridor petitions in a fully sprinklered building.  The third September 9, 2008 letter is identified as Re: Sprinkler protection of existing glass walls.  The above three September 9, 2008 letters were utilized by the Board, the Applicant and the Providence Fire Marshals Office during the October 21, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the above three September 9, 2008 letters 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 to relieve the Applicant from the requirement of sprinklering above the existing pool space in the Peterson Recreation Center as outlined in the September 9, 2008 letter to Deputy Chief Richard Silva.
	2.  The Board hereby grants the Applicant a variance from the requirements for one-hour fire rated corridor petitions in a partially sprinklered building as outlined in the second September 9, 2008 letter to Deputy Chief Richard Silva of the Providence Fire Marshal's office.  In granting this relief, the Board is actually granting the Applicant a time variance in order to bring this facility into full sprinkler compliance on or before December 31, 2012 in accordance with the Applicants schedule as approved by the Providence Fire Marshal's office.  The Board notes that the Providence Fire Marshal's office has no objection to this relief.
	3.  The Board hereby grants a variance in order to allow the Applicant to provide approved sprinkler heads at six feet on center on both sides of the existing glass doors and windows around the communicating space cited in the third September 9, 2008 letter to Deputy Chief Richard Silva.  Again, this variance is granted pursuant to the Boards understanding and direction that the Applicant shall bring this facility into sprinkler compliance at the direction and to the satisfaction of the Providence Fire Marshal's office as originally proposed by the Applicant.

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)].