The above-captioned case was scheduled for hearing on November 27, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Walker, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Chief of Plan Review Wade Palazini of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioners Walker and Burlingame 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 November 27, 2012 hearing on this matter, the Board finds that this project includes the interior build-out of the Federal Bureau of Investigation (FBI) field office within an existing ten-story building.  The Board further finds that there is no change of occupancy.  The Board further finds that the Federal Government requires that the interior build-out of the space be conducted pursuant to the current version of NFPA 101 Life Safety Code.  The Board finds that this current version should go into full force and effect on January 1, 2013.  The Board further finds that the Applicant has requested to utilize the 2012 version of NFPA 101 and that the State Fire Marshals Office has no objection to this request.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance in order to allow the Applicant to utilize the 2012 edition of NFPA 101, as amended, as the base document for the proposed interior build-out of the Federal Bureau of Investigation Providence Field Office.  Accordingly, the State Fire Marshals Office is authorized to conduct a plan review of this facility based upon the 2012 edition of NFPA 101 as amended.  In granting this relief, it is the understanding of the Board that the State Fire Marshals Office has no objection.

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)].