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 Commissioner Dias and seconded by Vice Chairman 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 the initial portion of a June 15, 2009 plan of action report developed by Hughes Associates, Inc. for this facility.  The above 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.  The Board hereby grants the Applicant a time variance until December 31, 2011 in order to install a new fire alarm system in this facility at the direction and to the satisfaction of the Providence Fire Marshal's office.  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 Applicant's existing fire alarm coverage and the additional safeguards proposed herein.
	2.  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, 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.
	3.  The Board hereby grants the Applicant a time variance until December 31, 2011 in which to construct the proposed second means of egress across the roof of this facility to gain access in an exit stair located in an adjacent building.  The Board notes that the second means of egress shall be provided with a rail system and installed at the direction and to the satisfaction of the Providence Fire Marshal's office within the above time frame.  The Board further notes that this time variance is contingent upon the described limited use of the fourth floor.  Specifically, the fourth floor is currently occupied by a single tenant space as outlined in the June 15, 2009 letter.  The letter further describes seven (7) unoccupied tenant spaces.  Accordingly, in the event that any unoccupied tenant space is to become occupied prior to December 31, 2011, the installation of the second exit from the fourth floor will be required prior to that occupancy.  Also, during the above time period, the owner is directed to maintain an approved pathway across this roof, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	4.  The Board hereby grants a variance to allow the Applicant to maintain the four story atrium as more fully described in the June 15, 2009 letter.  In granting this variance, the Board notes that the Providence Fire Marshal's office has no objection.
	5-9.  The Board notes that items 5 through 9 of the June 15, 2009 plan of action letter are specifically applicable to 10 Davol Square which is covered in the Board's decision in file number 090362.

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)].