A hearing involving the above-captioned case was conducted on 3/25/2014 at 1:00 P.M.  In attendance at the hearing were the following: Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Jackson, Richard, Blackburn, Burlingame and Sylvester.  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 Richard Vespia of the Providence Fire Marshals Office.  The Applicant was represented by Attorney Marc Pinard.  A motion was made by Commissioner Richard and seconded by Commissioner Booth 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 July 16, 2013 with an inspection report issuing on January 27, 2014.
	2.  The Applicant filed a timely application for variance on February 21, 2014 in accordance with Fire Safety Code Section 6.


RECORD OF THE CASE

The following documents are part of the administrative record for Appeal 140021 and are pertinent to the decision rendered:

1.	Providence Fire Marshals Office Inspection Report dated January 27, 2014.
2.	Variance Application 140021 dated February 21, 2014, with Attachment.
3.	Letter of representation from Attorney Pinard dated February 24, 2014.

FINDINGS OF FACT

	The numbers of the Decision below correspond with those of the 1/27/2014 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 3/25/2014 hearing on this matter.  Accordingly, the Board hereby incorporates the 1/27/2014 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  5 & 9.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this hearing for the installation of a fire alarm system with emergency forces notification within this facility, at the direction and to the satisfaction of the Providence Fire Marshals Office.
	6 - 8.  The Board hereby grants the Applicant a time variance of eighteen (18) months from the date of this hearing to correct deficiencies 6, 7 and 8 by providing this facility with approved egress lighting, emergency lighting and exit signage, at the direction and to the satisfaction of the Providence Fire Marshals Office.
	It is the understanding of the Board in granting the above relief that the building is presently vacant and is undergoing a total renovation and will remain unoccupied until the completion of the project.  As a condition of this plan, the Applicant is directed to maintain the 24/7/365 fire watch currently in place for the building.  The Board further notes that there is no objection to this plan of action by the Providence Fire Marshals Office.  Finally, the Board hereby authorizes the Providence Fire Marshals Office to extend the above timeline for good faith efforts being demonstrated 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)].