The above-captioned case was scheduled for hearing on September 14, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Richard, Walker and Dias were present.  The fire service was represented by Deputy State Fire Marshal Christine Kent of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Walker 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 June 2, 2009 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the September 14, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the June 2, 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.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action to the State Fire Marshals Office for the correction of deficiency 1 by providing smoke detection in the vicinity of the fire alarm panel.  The Board hereby grants the Applicant an additional 120 days in which to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office.  
	2-7.  The Board hereby grants the Applicant the time variance as outlined in item 1 above in which to correct deficiencies 2, 3, 4, 5, 6 and 7 at the direction and to the satisfaction of the State Fire Marshals Office.
	8.  During the September 14, 2010 hearing on this matter, the Applicant initially requested a variance from the provisions of the RI Uniform Fire Code section 13.8.10.5.4.1 and its referenced standards in order to be granted relief from installing heat detection in those ceiling spaces containing void space of twenty-four inches (24) or more.  After a lengthy discussion with the State Fire Marshals Office and the Applicant, the Board determined that a time variance would be appropriate in this case.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop a plan of action for the correction of this deficiency by either extending the sprinkler heads into the above space, protecting it with approved heat detection, or raising or eliminating the ceilings in order to bring them into compliance with the code.  The Board further grants the Applicant an additional 120 days in which to implement the above plan of action.  Finally, the Board notes that if the fire alarm provisions of the code change and eliminate this requirement for existing buildings in the future, the Board notes that at that point in time the Applicant would be considered in compliance with the new code and would not be required to return to the Board for clarification.  The Board notes that the Deputy State Fire Marshal objects to the above clarification.
	In summary, the Applicant shall have a total of 150 days in which to correct this deficiency by one of the above means.  The Board notes that if the code is changed so this situation is no longer a deficiency in the future, the Applicant would then be considered in compliance with the new code and not be required to return to the Board for clarification.  Finally, the Board notes the Deputy State Fire Marshals objection to this clarification.
	9-10.  The Board hereby directs the Applicant to correct deficiencies 9 and 10 at the direction and to the satisfaction of the State Fire Marshals Office within the timetable outlined in item 1 above.
	11.  The Board hereby grants a variance from the provisions of RIUFC section 13.8.10.5.15 in order not to provide sprinkler coverage in the cited elevator related areas of this facility.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12.
	13.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 13, at the direction and to the satisfaction of the State Fire Marshals Office.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 at the direction and to the satisfaction of the State Fire Marshals Office.
	15.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 15 at the direction and to the satisfaction of the State Fire Marshals Office.
	16-17.  It is the understanding of the Board that the Applicant has corrected deficiencies 16 and 17 at the direction and to the satisfaction of the State Fire Marshals Office.
	18.  The Board hereby directs the Applicant to correct deficiency 18 within thirty (30) days of the date of this decision by properly testing, maintaining and certifying the standpipe and hose systems of this facility.  
	19.  The Board hereby directs the Applicant to correct deficiency 19 within the timetable outlined in item 1 above, at the direction and to the satisfaction of the State Fire Marshals Office.
	20-21.  It is the understanding of the Board that the Applicant has corrected deficiencies 20 and 21 at the direction and to the satisfaction of the State Fire Marshals Office.
	22.  The Board hereby directs the Applicant to correct deficiency 22 at the direction and to the satisfaction of the State Fire Marshals Office within the timetables outlined in item 1 above.
	23-26.  It is the understanding of the Board that the Applicant has corrected  deficiencies 23, 24, 25 and 26 at the direction and to the satisfaction of the State Fire Marshals Office.
	27.  During the September 14, 2010 hearing on this matter, the Board was advised by the Applicant that he believed deficiency 27 had been corrected.  However, in the event it has not been corrected, the Board directs the Applicant to correct deficiency 27 within the timeframe granted in item 1 above.
	28-29.  It is the understanding of the Board that the Applicant has corrected deficiencies 28 and 29 at the direction and to the satisfaction of the State Fire Marshals 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)].