The above-captioned case was scheduled for hearing on March 16, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Jasparro, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Lisa Krapf of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	Based on the documentation submitted and the testimony taken during the March 16, 2010 hearing on this matter, the Board finds that this appears to be a five-story NFPA 220 Type V (000) wood framed building.  The Board further finds that the lowest level discharges as grade on the Doyle Avenue side of the building.  The Board further finds that the Providence Fire Marshal's office did not gain access to the top floor.  The Board further finds that the applicant had advised the Providence Fire Marshal's office that the top floor was not an apartment.
	The Board finds that the Providence Fire Marshal's office has determined that there are four (4) dwelling units in this building.  The Board further finds that the Providence Fire Marshal's office has advised that this facility requires a local fire alarm system, a sprinkler system and proper separation of the boilers and hot water tanks.  The Board finds that the Applicant has appealed the determination of the Providence Fire Marshal's office.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the March 16, 2010 hearing on this matter, Commissioner Dias concurred with the Providence Fire Marshal's office that the above cited deficiencies would have to be corrected by the Applicant.  The Board was further advised and notes that the Providence Water Supply Board apparently currently does not allow for limited sprinkler coverage to be drawn from an existing water service in Providence.  The Board notes that the Providence Water Supply Board currently requires a separate water supply line for sprinkler coverage.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to draft and submit plans to the Providence Fire Marshal's office for the correction of the outstanding cited deficiencies within this facility.  Specifically, the plans shall address the installation of a local fire alarm system, a sprinkler system and separation of the boilers, hot water tanks and other hazards within this building, at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board further grants the Applicant a 120 day period in which to complete and implement the above plans, at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board hereby authorizes the Providence Fire Marshal to extend either or both of the above deadlines for good faith efforts being shown by the Applicant.  The Board directs the Applicant not to occupy the upper level of this facility until the work is completed.  Specifically, the Applicant shall seal off the upper floor and put a hold on the electrical and gas service, at the direction and to the satisfaction of the Providence Fire Marshal's office, until the work is completed.

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)].