The above-captioned case was scheduled for hearing on April 23, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Pearson, Jasparro, Sylvester, Burlingame, Blackburn and Richard were present.  Commissioner Dias recused himself from consideration of this case.  The fire service was represented by Chief Plan Review Officer Wade Palazini along with Deputy State Fire Marshal Christine Kent of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Chris Dillon of the Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Jasparro abstaining and Commissioner Dias recusing himself.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of a January 8, 2013 inspection report compiled by the State Fire Marshals Office (11-1192-IS).  The above report was utilized by the Board, the Applicant, the State Fire Marshals Office and the Providence Fire Marshals Office during the April 23, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates inspection report 11-1192-IS 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  (11-2085-VN).  During the April 23, 2013 hearing on this matter, the Applicants engineer presented the Board with a comprehensive plan of action addressing deficiency 1 and requesting certain relief on the basis of structural hardship and providing the Board with a timeline that had been reviewed with the State and Providence Fire Marshals offices.  Specifically, the Applicant shall provide this facility with a new addressable fire alarm system covering the entire building, pursuant to the schedule below.  The Board notes that the system is currently installed on the newly renovated seventh floor of the building.  The Board further notes that the facility shall provide voice communication which is presently installed on the newly renovated seventh floor and will be installed in the remainder of the building pursuant to the schedule below.  
The Board grants a variance in order to allow the Applicant to maintain its command center in the new location with agreement from both the Providence and State Fire Marshals Office.  This variance is conditioned upon the Applicant maintaining all of the required components in this area and having them installed to the satisfaction of the State and Providence Fire Marshals Office on or before November 1, 2013.  The Board notes that the Providence Fire Marshals Office may extend the above deadline date.
The Board further notes that the Applicants listing of all fire alarm requirements for high rise buildings as submitted on its 40 Fountain Street Fire Alarm Plan of Action shall be installed as indicated on the schedule below, at the direction and to the satisfaction of the State and Providence Fire Marshals Offices.
The Board notes that the new addressable fire alarm panel and fully compliant seventh floor were completed on April 12, 2013 and inspected and approved for a TCO for the entire building by the State Fire Marshals Office.  The Board hereby grants the Applicant a time variance in order to provide the elevator status panel, smoke detectors in the stairwells, smoke detectors in the elevator lobbies, strobes in all bathrooms and all flow and tamper switches on the sprinkler system to be installed on or before November 1, 2013.  
The Board further grants the Applicant a time variance until April 30, 2014 in which to upgrade and provide all necessary system components on the eighth floor and roof elevation.  
The Board further grants the Applicant an additional time variance until April 30, 2015 in which to upgrade and provide all necessary components to the fifth and sixth floors of this facility, at the direction and to the satisfaction of the State and Providence Fire Marshals offices.  
	The Board further grants the Applicant a time variance until April 30, 2016 in which to upgrade the fire alarm system and provide all necessary components to the third and fourth floors of this facility.
	The Board hereby grants the Applicant a final time variance until April 30, 2017 in which to upgrade the fire alarm system and provide all necessary components to the basement, first and second floors of this facility, at the direction and to the satisfaction of the Providence and State Fire Marshals offices.
	The Board notes that any of the above timelines may be extended by the State and/or Providence Fire Marshals Office for good faith efforts being shown by the Applicant.
	2-4.  (11-2086-VN, 11-2087-VN and 11-2088-VN).  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3 and 4.
	5.  (11-2089-VN).  It is the understanding of the Board that the Applicant has or shall immediately correct deficiency 5 at the direction and to the satisfaction of the State and/or Providence Fire Marshals Office.
	6-11.  (11-2090-VN, 11-2091-VN, 11-2092-VN, 11-2093-VN, 11-2094-VN and 11-2064-VN).  It is the understanding of the Board that the Applicant has corrected deficiencies 6, 7, 8, 9, 10 and 11.

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)].