The above-captioned case was scheduled for hearing on January 24, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Jasparro, Jackson, Sylvester, Burlingame and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Lutz of the Providence Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the January 24, 2012 hearing on this matter, the Board had before it the September 14, 2009 summary prepared by the Applicants engineers, Wilkinson Associates, Inc.  The above summary was referenced by the Board, the Applicant and the Providence Fire Marshals Office during the January 24, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the September 14, 2009 summary as its initial findings of fact.  The Board further finds that the hydraulic calculations for the fire protection systems as installed at the recently expanded and remodeled African Pavilion were originally submitted without information relative to the portion of the system to protect the hay storage room.  The Board further finds that upon resubmission of the data, it was noted that the hose stream allowance as required by the code standard NFPA 23 had not been considered.  The Board finds that the engineer has determined that the hydraulic calculations did indicate that there was sufficient pressure to allow for the operation of the sprinkler system as installed.  In light of the above, the Applicant has requested relief from the hose stream requirements.  Upon review, during the January 24, 2012 hearing, the Providence Fire Marshals Office advised the Board that the Applicants request was not unreasonable given the circumstances of this case.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to maintain the sprinkler system as installed in this facility, and not to be required to upgrade that system with respect to the combined inside-outside hose streams as specified by code standard NFPA 13, Table 11.2.3.1.  In granting this relief, the Board notes that the Providence Fire Marshals Office has determined that the Applicants request is not unreasonable given the circumstances of this case.  

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)].