A hearing involving the above-captioned case was conducted on 4/8/2014 at 1:00 P.M.  In attendance at the hearing were the following: Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Thornton, Jackson, 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 Christopher Dillon of the Providence Fire Marshals Office.  The Applicant was represented by Mr. Henry Guzeika (letter of authorization on file).  A motion was made by Commissioner Blackburn and seconded by Commissioner Thornton to grant the Applicant relief as outlined herein.  The motion passed unanimously.

TRAVEL OF THE CASE

	1.  The building in question is an existing apartment occupancy that was built in 1967 and is presently undergoing improvements to the buildings fire alarm and sprinkler systems.
	2.  The Applicant filed an application for variance on March 12, 2014 in accordance with Fire Safety Code Section 6.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal 140032 and are pertinent to the decision rendered:

1.	Providence Fire Marshals Office letter dated March 18, 2014.
2.	Variance Application 140032 dated March 12, 2014.
3.	Electronic Alarms scope of work letter dated January 10, 2014.
4.	Letter of authorization from Mr. Peter DiChristofaro dated March 11, 2014.

FINDINGS OF FACT

	1.  The Board finds that this building is an existing apartment occupancy that was built in 1967.
	2.  The Board finds that the Providence Fire Department has approved plans for improvements and upgrades to the buildings sprinkler and fire alarm systems on June 4, 2012.
	3.  The Board finds that due to existing construction conditions, the existing fire alarm conductors will need to be extended in order to accommodate a new suspended ceiling assembly.  The Board further finds that due to space limitations in the installation that required terminal cabinets with hinged covers cannot be physically installed.

CONCLUSIONS AND VARIANCE REQUESTS

	1.  The Board hereby grants the Applicant a variance from section 9.6.9.10 to complete the installation using the existing junction boxes as splice points, to be provided with red covers secured with tamper-resistant screws, at the direction and to the satisfaction of the Providence Fire Marshals Office.  It is the understanding of the Board that any necessary splices of fire alarm conductors will be made on approved terminal blocks, 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 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)].