A hearing involving the above-captioned case was conducted on 3/11/2014 at 1:00 P.M.  In attendance at the hearing were the following: Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Walker, Thornton, Richard and Burlingame.  Also in attendance was Department of Administration Deputy Legal Counsel Peter N. Dennehy.  The authority having jurisdiction was represented by Assistant Deputy State Fire Marshal Keith Maine of the Providence Fire Marshals Office.  The Applicant was represented by Mr. Gabriel Francis.  A motion was made by Commissioner Walker and seconded by Commissioner Thornton to grant the Applicant relief as outlined herein.  The motion passed unanimously.

TRAVEL OF THE CASE

	1.  An inspection of the above property was conducted by the Providence Fire Marshals Office on October 29, 2013 with an inspection report issued on November 6, 2013.
	2.  The Applicant filed a timely application for variance on November 27, 2013 in accordance with Fire Safety Code Section 6.
	3.  This matter was previously before the Board on February 11, 2014 [File No. 130194] at which a time variance was granted as to item 1 and the Applicant was directed to return to the Board on March 11, 2014 to provide any addition information in support of the relief requested on item 2.


RECORD OF THE CASE

The following documents are part of the administrative record for Appeal 130194A and are pertinent to the decision rendered:

1.	Providence Fire Marshals Office Inspection Report dated November 6, 2013.
2.	Variance Application 130194A dated November 27, 2013.
3.	Board Decision 130194 dated February 26, 2014.

EXHIBITS

The following documents were admitted at the March 11, 2014 hearing as full exhibits:

1.	Letter from Ramzi J. Loqa, PE dated March 3, 2014 indicating that the existing construction of the building provides a vertical separation between the second and third floors with an equivalent fire resistance rating of approximately eighty (80) minutes.

FINDINGS OF FACT

	The numbers of the Decision below correspond with those of the 11/6/2013 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 3/11/2014 hearing on this matter.  Accordingly, the Board hereby incorporates the 11/6/2013 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.
	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.  The Board has previously granted the Applicant a time variance of thirty (30) days from February 26, 2014 in which to develop and submit a plan of action for the installation of a fire alarm system within this facility.  The Board further granted the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the Providence Fire Marshals Office.
	2.  The Board hereby grants the Applicant a variance from the provisions of section 39.3.4.4 in order to not provide the fire alarm system with emergency forces notification based upon the verification of the existing vertical separation between the business and residential occupancies.  The Board further notes that this arrangement is permitted by section 31.1.3.3(1) which requires a separation of a minimum 1-hour fire resistance rating.
	It is the understanding of the Board in granting the above relief that there is no objection by the Providence Fire Marshals Office.

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)].