The above-captioned case was scheduled for hearing on January 5, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Filippi, Pearson, Jasparro, Preiss, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshals Dillon and Pacheco of the Providence Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioners Pearson and Newbrook 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 November 4, 2009 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the January 5, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the November 4, 2009 inspection 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing a fire department key box in the front of this facility.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with an approved fire alarm system.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit plans for the correction of the fire alarm system and an additional 120 days from the above 30 days to implement the plan of correction.  The Board hereby provides the Providence Fire Marshal's office with the authority to extend the above deadline.
	3.  During the January 4, 2010 hearing on this matter, the Board was advised that this is a four-story building which is not protected by approved sprinkler coverage.  The Board was further advised that the fourth floor of this facility is currently occupied by a tenant.  The Board hereby grants a variance from the provisions of section 31.3.5.1 and its referenced standards in order to allow the Applicant to utilize the domestic sprinkler provisions found under the fifteen-point plan as outlined in section 31.1.1.3(15) of the code.  In granting this relief, the Board notes that the Applicant would still remain subject to any additional building code or Water Department regulations for the installation of any residential sprinkler coverage.  However, the Board notes that the sprinkler system envisioned under the fifteen-point plan primarily protects the egress system of this facility rather than requiring the Applicant to maintain full sprinkler coverage throughout the facility.  The Board hereby grants the Applicant thirty (30) days from the date of this decision in which to present the Providence Fire Marshal's office with his plan for the above sprinkler coverage.  The Board further grants the Applicant an additional 120 days in which to implement that plan.  Finally, the Board authorizes the Providence Fire Marshal's office to extend either of the above deadlines in light of good faith efforts being made by the applicant.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 at the direction and to the satisfaction of the Providence Fire Marshal's office.

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)].