The above-captioned case was scheduled for hearing on December 4, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals James Bellamy and Robert Powers of the East 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
	Based upon the testimony taken and the documentation submitted during the December 4, 2012 hearing on this matter, the Board finds that the subject facility is a business occupancy that is utilized as medical offices.  The Board further finds that the total square footage of the facility is approximately 10,000 square feet.  The Board further finds that during a site visit for the plan review of this facility, the East Providence Fire Marshals Office discovered that the stairwell, as part of the means of egress, had no rating.  The Board further finds that the wall separating the stair from the occupancies is glass.  The Board further finds that the building owner is seeking a variance in order to be allowed to provide domestically supplied sprinkler coverage at the front and rear exits of this facility and in order to upgrade the fire protection within this facility, the Applicant is also planning to replace the older fire alarm system with a new municipally connected addressable system.  In light of the upgrade of the fire alarm system and the general occupancy of this facility, the East Providence Fire Marshals Office has advised the Board that it had no objection to the Applicants plan of action.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance in order to allow the Applicant to protect the glass walls of the egress system of this facility with approved domestically supplied sprinkler heads, installed in accordance with the limited system requirements of NFPA 101, within a timetable established by the East Providence Fire Marshals Office.  As a condition of this variance, the Board notes that the Applicant shall upgrade the older fire alarm system of this facility with a new municipally connected addressable system, installed at the direction and to the satisfaction of the East Providence Fire Alarm Superintendent.  Finally, it is the understanding of the Board that all other fire protection features within this facility have been brought into compliance by the Applicant.

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)].