The above-captioned case was scheduled for hearing on April 17, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Blackburn, Newbrook, Richard, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Lutz of the Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby finds that plans were submitted to the Providence Fire Marshal's office for a change of occupancy of an approximately 19,500 square foot, one-story building with basement.  The Board was further advised and finds that the construction classification is Type B (000).  The occupancies which were formerly industrial, storage and incidental business use were non-separated and are planned to be changed to a business occupancy with incidental storage.  The Board further finds that the hazard classification of the contents of this facility shall be ordinary hazard.  The Board was further advised and finds that the building is fully sprinklered and has a municipally connected fire alarm system.  The Board further finds that the proposed work is interior renovation of a 1,000 square foot space in the south east corner of this facility, to be utilized as a mail room for the Women and Infants Hospital.  
	The Board finds that the original plans submitted indicate a single exit from the basement.  The Board finds that the Providence Fire Marshal's office issued a February 9, 2007 plan review disapproval based upon the single exit from the basement.  Finally, the Board finds that by letter dated March 9, 2007, the Applicant has provided the Providence Fire Marshal's office with a plan of action to address the basement area and that the Providence Fire Marshal's office has no objection to allowing this facility to be renovated in accordance with this plan of action.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of Rhode Island Life Safety Code sections 7.4.1.1 and 38.2.4 in order to allow the Applicant to maintain the remaining basement area as generally unoccupied space utilized only for mechanical services.  Specifically, the Board approves the Applicants plan of action to add a one-hour fire rated door at the bottom of the stairs to the basement and to further lock that door and allow access only for services to utilities.  The Board further notes that there is a single sprinkler head in the crawl space off of the basement which will be removed.  The Board further notes that any electrical wiring feeding the areas above the crawl space from the crawl space will be removed and/or rerouted.  Finally, the Board notes that the Applicant shall seal off all access to the crawl spaces from the basement with CMU construction.  In light of the above, the Board approves this plan of action for the basement of this facility.

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)].