The above-captioned case was scheduled for hearing on October 5, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Filippi, Dias, Richard and Preiss 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 Commissioner Blackburn and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	By letter dated October 5, 2010, the Providence Fire Marshals Office advised the Board that it did not object to the Board utilizing the report written by Architect Jason Iacobucci containing the building description and variance request for the subject property, 54 Troy Street/230 Oak Street.  Accordingly, the Board, the Applicant and the Providence Fire Marshals Office utilized the above building description and variance request of Architect Iacobucci during the October 5, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the building description and variance request as outlined by Architect Iacobucci as its initial findings of fact in this case.  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 of thirty (30) days from the date of this decision in which to submit to the Providence Fire Marshals Office plans for the upgrade of the fire alarm system within this facility at the direction and to the satisfaction of the Providence Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in which to upgrade the above fire alarm system by bringing this facility into full compliance with a municipally connected fire alarm.  The Board further shall allow the Applicant to maintain the existing tenant occupancy of the building during the above time period so as not to disrupt the Applicants tenants operations.  In granting this relief, it is the understanding of the Board that this facility is currently sprinklered throughout and maintains the additional safeguards as outlined on the architects building description and variance request.

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)].