The above-captioned case was scheduled for hearing on January 25, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Jasparro, Richard, Dias and Filippi 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 Dias and seconded by Commissioner Filippi 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 December 17, 2010 inspection 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 January 25, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the December 17, 2010 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.  

The Board further finds that the subject facility maintains an older municipally connected fire alarm system and that the Applicant proposes to utilize this facility as a temporary emergency winter shelter for the homeless for a period of no more than 120 days.  The Board further finds that the existing system is not in full compliance with the current fire alarm mandates.  However, the Board finds that the system is on line and monitored by the Providence Division of Communications.  The Board further finds that the Applicant shall install the appropriate CO and smoke detectors to be locally activated and sounded.  

The Board further finds that the Applicant shall instruct its fire watch personnel who will be present to activate a pull station which will notify the fire alarm division to dispatch fire apparatus in the event of an emergency.  The Board further finds that two (2) staff members will always be present and monitoring this facility during all periods of occupancy.  Finally, the Board notes that the Applicants original plan was to provide this facility with sixteen (16) beds.  However, the Board finds that the Applicant has now requested to increase the original plan to thirty-five (35) beds in light of the severe weather.  The Board notes that the Providence Fire Marshals Office has advised that it has no objection to the temporary fire alarm arrangement or the utilization of this facility for thirty-five (35) beds in light of the above safeguards.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the Applicants plan of action, as outlined above, in order to allow the Applicant to maintain thirty-five (35) beds at this facility and to further utilize the existing municipally connected fire alarm system in conjunction with hardwired smoke and CO detection installed at the direction and to the satisfaction of the Providence Fire Marshals Office.  The Board notes that this emergency operation shall be allowed to continue for approximately 120 days through the end of March 2011.

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)].