The above-captioned case was scheduled for hearing on December 8, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jasparro, Richard, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Timothy Lutz and Christopher Dillon of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
The numbers of the Decision below correspond in sequence with those of items five through nine (5-9) of a June 15, 2009 plan of action report developed by Hughes Associates, Inc. for this facility.  The above plan of action report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the December 8, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the June 15, 2009 plan of action 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.  (Item 5 of the June 15, 2009 plan of action report.)  The Board hereby grants the Applicant a time variance until December 31, 2011 in which to install a new fire alarm system throughout this building.  In granting this variance, it is the understanding of the Board that the Providence Fire Marshal's office has no objection in light of the safeguards outlined herein and the existing fire alarm system currently protecting this facility.
	2.  (Item 6 of the June 15, 2009 plan of action report.)  The Board hereby grants the Applicant a time variance until December 31, 2011 in which to upgrade the existing fire sprinkler system of this facility.  The Board notes that the Applicant's request to extend the time for the underground private fire service was withdrawn during the December 8, 2009 hearing.  Finally, it is the Board's understanding and direction that the existing fire sprinkler system shall remain in operation until the new sprinkler system is completed.
	3.  (Item 7 of the June 15, 2009 plan of action report.)  The Board hereby grants a variance in order to allow the Applicant to provide a second means of egress from the fifth floor of this facility which requires occupants to travel approximately ten (10) feet across a roof to gain access to the exit stairs in accordance with the following conditions.  As a condition of this relief, the Board directs the Applicant to maintain the means of egress continually free of all obstructions and impediments and to provide this path of travel on a deck with railings, at the direction and to the satisfaction of the Providence Fire Marshal's office, with all remaining conditions as outlined in item 7 of the June 15, 2009 plan of action report.
	4.  (Item 8 of the June 15, 2009 plan of action report.)  The Board hereby accepts the Applicant's plan of action for a single means of egress to be provided from the basement of this facility by relocating the tenant storage and abandoning the tenant storage spaces at the west end of the building that have a common path of travel greater than 100 feet.  However, the Board further directs the Applicant to wall off the areas that are abandoned, at the direction and to the satisfaction of the Providence Fire Marshal's office, to make those areas generally not accessible.  However, the Board notes that the Providence Fire Marshal's office may allow the Applicant to provide limited access to those areas with a controlled system approved by that office.
	5.  (Item 9 of the June 15, 2009 plan of action report.)  The Board hereby grants a variance from the provisions of section 7.1.5.1.1 and its referenced standards in order to allow the Applicant to maintain the existing cited basement headroom at the locations of the structural beams and girders with the proposed marking, at the direction and to the satisfaction of the Providence Fire Marshal's office.  In granting this relief, it is the understanding of the Board that the Providence Fire Marshal's office has no objection.
	6.  The Board notes that the Providence Fire Marshal's office has the authority to approve the issuance of a temporary certificate of occupancy for the subject facilities.  Accordingly, no further action in this regard is necessary by the Board.

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)].