The above-captioned case was scheduled for subcommittee review by the Board on October 26, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Jasparro, Walker and Dias were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Richard to recommend the Applicants plan of action as outlined herein to the full Board.  The motion was unanimous.
	The Board considered the subcommittee recommendations during its November 9, 2010 meeting and approved the same pursuant to a motion by Commissioner Jasparro, seconded by Commissioner Walker.  Accordingly, the subcommittee recommendations now have the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 3, 2010 plan of action developed by Hughes Associates in conjunction with the Providence Fire Marshals Office for the above captioned facility.  The September 3, 2010 plan of action was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the subcommittee review conducted on October 26, 2010.  Accordingly, the Board hereby incorporates the September 3, 2010 plan of action 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby directs the Applicant to correct deficiency 1 within sixty (60) days of the date of this decision.
	2a.  It is the understanding of the Board that the Applicant has corrected deficiency 2a.
	2b.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiency 2b at the direction and to the satisfaction of the Providence Fire Marshals Office. 
	2c-2d.  It is the understanding of the Board that the Applicant has corrected deficiencies 2c and 2d.
	2e.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiency 2e at the direction and to the satisfaction of the Providence Fire Marshals Office.
	2f-2g.  It is the understanding of the Board that the Applicant has corrected deficiencies 2f and 2g.
	2h.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiency 2h at the direction and to the satisfaction of the Providence Fire Marshals Office.
	2i.  It is the understanding of the Board that the Applicant has corrected deficiency 2i.
	2j.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiency 2j at the direction and to the satisfaction of the Providence Fire Marshals Office.
	3.  The Board notes that there is no item 3 listed on the September 3, 2010 plan of action report.
	4.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiency 4 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	5(a)(b).  It is the understanding of the Board that the Applicant has corrected deficiencies 5a and 5b at the direction and to the satisfaction of the Providence Fire Marshals Office.
	5c.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiency 5c at the direction and to the satisfaction of the Providence Fire Marshals Office.
	6.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiency 6 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	7.  The Board notes that there is no item 7 outlined in the September 3, 2010 plan of action report.
	8a.  It is the understanding of the Board that the Applicant has corrected deficiency 8a at the direction and to the satisfaction of the Providence Fire Marshals Office.
	8b.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 8b at the direction and to the satisfaction of the Providence Fire Marshals Office.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	10-11.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiencies 10 and 11 as outlined in item 2j of the Applicants plan of action.
	12.  The Board notes that there is no item 12 outlined in the September 3, 2010 plan of action report.
	13.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing fire escape access by non-rated glass door assemblies and the existing windows opening to the fire escapes on each floor, in conjunction with full sprinkler coverage within this facility.
	14.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiency 2e at the direction and to the satisfaction of the Providence Fire Marshals Office.
	15.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiency 15 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	16.  It is the understanding of the Board that the Applicant has corrected deficiency 16 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	17.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiency 17 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	18.  It is the understanding of the Board that the Applicant has corrected deficiency 18 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	19.  The Board hereby reconfirms the prior variance granted to this facility with regard to the approved emergency voice alarm communications system.
	20.  It is the understanding of the Board that deficiency 20 is now moot.
	21.  The Board hereby reconfirms the variance granted in file number 090217.
	22.  It is the understanding of the Board that item 22 is moot.
	23.  The Board notes that there is no deficiency 23 outlined in the September 3, 2010 report.
	24.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiency 24 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	25.  The Board notes that there is no deficiency 25 outlined in the September 3, 2010 report.
	26.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiency 26 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	27.  During the October 26, 2010 subcommittee hearing on this matter, the Board was advised that the water supply for the fire suppression system in this building is provided by an adjacent buildings sprinkler.  The Board was further advised that the building currently has no control over the water supply and reportedly this condition is being addressed in the courts.  The Board notes that the engineer has determined that the existing sprinkler supply is adequate and maintains a fire department connection to boost the pressure if necessary.  The Board further understands that it is proposed that the Applicant will install a fire alarm system located within the fire service room of 70 Ship Street to monitor the control valves affecting the 150 Chestnut Street water supply and that the fire alarm system will be monitored by a remote supervising station in accordance with the NFPA 72 requirements.  The Board was further advised that if Providence Water upgrades the water system in this area with a high service supply, that the Applicant would utilize this alternative supply at the direction and to the satisfaction of the Providence Fire Marshals Office.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the current water supply for the existing fire suppression system in this building in accordance with the above conditions.  Additionally, the Board hereby grants a variance in order to allow the Applicant not to maintain a standpipe pressure of 100 psi at this time period.  Finally, as a condition of the above relief, the Board notes that if a high service is subsequently installed by the Providence Water Supply Board, the Applicant will work with the Providence Fire Marshals Office to upgrade the water supply to the building utilizing the new service.
	28.  The Board hereby grants a variance in recognition of the facts outlined in item 27 above.
	29.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 29 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	30.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 30 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	31.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 31 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	32.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 32 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	33-34.  The Board notes that there are no deficiencies 33 and 34 outlined in the September 3, 2010 plan of action.
	35.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 35 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	36.  The Board hereby grants a variance from the seismic bracing requirements, noting that this facility is not seismically designed.
	37.  It is the understanding of the Board that the Applicant has corrected deficiency 27.
	38.  The Board hereby reconfirms the prior variance granted in file number 090271 as outlined in item 38.



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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).