The above-captioned case was scheduled for hearing on July 17, 2012 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Sylvester, Jackson, Jasparro, Dias and Pearson were present.  The Providence Fire Marshals Office was notified but did not attend this hearing. A motion was made by Commissioner Burlingame and seconded by Commissioner Sylvester to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of commissioners Blackburn and Filippi.
FINDINGS OF FACT
	Based upon the documentation submitted, and the testimony taken, during the July 17, 2012 hearing, the Board makes the following findings of fact. The Board finds that the subject facility is a four (4) story historic building with sleeping proposed above the third floor. The Board further finds that the Applicant is proposing to maintain four (4) residential (apartment) units within this facility. The Board further finds that Section 31.3.5.1 of the current Fire Code requires sprinkler coverage in such buildings with sleeping above the third floor. The Board finds that there is a proposed code change which may relieve the Applicant of this requirement in the future. However, the Board has been advised and finds that the building owner does not wish to wait until the new code is established.  The Applicant is proposing a modified sprinkler system. However, after hearing the case, and the arguments presented, the Board considered waiving the requirement as outlined herein. finally, it is the understanding of the Board that all other fire code deficiencies have been, or will be, corrected by the Applicant.  
	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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance in order to allow the Applicant to utilize the NFPA 101 (2012 Edition) Apartment standards without the current amendment requiring that the facility be sprinkled because there is sleeping proposed above the third floor as outlined in section 31.3.5.1 of the current fire code. Specifically, the Applicant shall not have to wait until January 1, 2013 to utilize the 2012 edition of NFPA 101 and the Applicant shall not be bound by the above current sprinkler amendment to the code. In granting this relief, the Board notes that the Providence Fire Marshals Office did not participate in this hearing. The Board further notes that the above amendment is currently not proposed to be continued as a requirement in the 2012 edition of the fire code.  
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)].