The above-captioned case was scheduled for hearing on December 7, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Preiss, Pearson, Jasparro and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Paul Doyle of the Providence Fire Marshals Office.  A motion was made by Commissioner Preiss 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 with those of an October 29, 2010 plans review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the December 7, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the October 29, 2010 plans review report along with a Board decision dated September 13, 1979, in which the Board granted a variance to allow this facility to be constructed without a sprinkler system, 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 reaffirms the original variance granted by it on September 13, 1979 in order to allow this facility not to provide additional sprinkler coverage in accordance with the provisions of section 39.3.5.1.  In granting this relief, it is the understanding of the Board that this facility maintains a system of standpipes and that it is of 2B construction.  It is the further understanding of the Board that it is three (3) stories in height with four (4) sides of street access.  Finally, it is the understanding of the Board that this facility maintains a partial system in the basement.  In light of the above, the Board notes that the Providence Fire Marshals Office respectfully disagrees with the requested relief.

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)].