The above-captioned case was scheduled for hearing on July 17, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Jasparro, Preiss, Jackson, Walker, Filippi and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshals Unsworth and Wheeler of the North Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.
	On September 28, 2007, prior to the issuance of this decision, the Applicant submitted a letter to the Board requesting clarification as to what type of separation would be acceptable to allow the 400 square foot office area to be reviewed separately from the remaining structure.  The Board reviewed this question on October 23, 2007.  At that time, a motion was made by Commissioner Pearson and seconded by Commissioner Filippi to provide the clarification herein.  The motion passed over the opposition vote of Commissioner Preiss.  Therefore, the decision is amended accordingly.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 19, 2007 inspection report compiled by the North Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Providence Fire Marshals Office during the July 17, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the May 19, 2007 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the July 17, 2007 hearing on this matter, the Board was advised by the North Providence Fire Marshals that, in their opinion, this facility would require a municipally connected fire alarm system if there were not proper separation between occupancies.  The North Providence Fire Marshal's office further relied on formal interpretation 05-04 advising that, in light of the proper separation between the business and residential occupancies, that their office would have no objection to the installation of a local fire alarm system.  The North Providence Fire Marshal's office further advised that they would support a temporary certificate of occupancy for immediate occupancy of the business unit, and a time variance of 120 days with the ability to extend for good faith efforts shown, for the installation of the fire alarm system.
	In light of the above, the Board hereby grants a variance in order to allow the Applicant to either provide this facility with an approved local fire alarm system or proper separation of occupancies, as outlined below, within 120 days of the date of this decision.  The Board notes that if the Applicant were able to provide approved separation between the 400 square foot business office unit and the remaining three (3) residential units, the provisions of formal interpretation and blanket variance 05-04 would thereupon allow for review under a separated occupancy standard.  Accordingly, under a separated occupancy standard, the business unit in this facility may not be required to be alarmed and the remaining residential units would not be required to be alarmed.  However, in order to achieve a separated occupancy standard, the Applicant would have to provide the equivalent of fire resistant rated assemblies between the occupancies.
	In light of the limited size and low hazard of the business unit, the Board hereby clarifies that this Applicant may provide the business units walls and ceiling with assemblies maintaining an approximate two (2) hour rating.  For example, the existing double 5/8 inch division wall between the occupancies would be acceptable as an approximate two (2) hour assembly.  However the ceiling is currently not an acceptable assembly.  In order to correct this, the Applicant could provide the existing ceiling with a second layer of 5/8 inch sheetrock separated from the first layer with  inch metal firring.  This metal firring could be spaced with, and attached to, the existing 2x8 inch joists in the existing ceiling.  The above assembly would be deemed acceptable and exempt the office occupancy from fire alarm coverage.  However, the above relief would be conditioned upon the Applicant providing the entire building with approved hardwired smoke and carbon monoxide detection, at the direction and to the satisfaction of the North Providence Fire Marshal's office within the above 120 day period. 
	The Board notes that the above separation plan is only one option for providing an approximate two (2) hour separation.  The Applicant may wish to provide the North Providence Fire Marshal's office with a separate properly engineered alternative design for their review.  However, once approved, the alternative designed separation would have to be installed within the above time frame.
	The Board hereby authorizes the North Providence Fire Marshal's office to immediately approve the issuance of a temporary certificate of occupancy for the business unit of this facility.  The Board further grants the Applicant a time variance of 120 days from the date of this decision in which to install either the above local alarm or proper separation as outlined above.  The Board further grants the North Providence Fire Marshal's office the ability to extend the above deadline for good faith efforts shown.
	2.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with an approved key access box, at the direction and to the satisfaction of the North Providence Fire Marshal's office.  The North Providence Fire Marshal's office is hereby authorized to extend the above deadline for good faith efforts shown.
	3.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with approved fire extinguishers installed at the direction and to the satisfaction of the North Providence Fire Marshal's office.  The Board further authorizes the North Providence Fire Marshal's office to extend the above deadline for good faith efforts shown.
	4.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide approved emergency lighting within the business unit and the basement of this facility at the direction and to the satisfaction of the North Providence Fire Marshal.  The Board hereby authorizes the North Providence Fire Marshal's office to extend the above deadline for good faith efforts shown.
	5.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the exterior exit doors with approved exit hardware installed at the direction and to the satisfaction of the North Providence Fire Marshal's office.  The Board hereby authorizes the North Providence Fire Marshal's office to extend the above deadline for good faith efforts shown.
	6.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the business unit with either metal or plastic externally illuminated exit signage, installed at the direction and to the satisfaction of the North Providence Fire Marshal's office.  The Board hereby authorizes the North Providence Fire Marshal's office to extend the above deadline for good faith efforts shown.
	7.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the cited boiler and hot water heater area in the basement with approved domestically supplied sprinkler heads installed at the direction and to the satisfaction of the North Providence Fire Marshal's office.  The Board further grants the North Providence Fire Marshal's office the ability to extend this timeline for good faith efforts shown.
	8.  If the Applicant is providing this facility with an approved local fire alarm system, the Board hereby grants the Applicant relief from providing rated separation between the business and residential occupancy of the first floor of this facility.  Specifically, the Applicant may maintain the existing separation between these units.  However, if the Applicant provides the approximate two (2) hour separation as outlined in item 1 above, the Applicant shall be deemed to have complied with all separation requirements.
	9.  Finally, in light of the Applicants representations as to the fire alarm quotes he received, the Board is requesting that he submit to it any written quotes he has received and/or the names of the companies that provided those quotes.

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)].