The above-captioned cases were previously before the Board on January 29, 2008 wherein a plan was developed and the files were left open in the event future relief was required.  The Applicant has now returned and the most recent hearing on these cases was scheduled for June 3, 2008.  At that time, Acting Chairman Newbrook and Commissioners Dias, Walker, Jasparro, Preiss, Filippi, Pearson and Richard were present.  Commissioner Blackburn recused himself from consideration of these cases.  The fire service was represented by Assistant Deputy State Fire Marshal Christopher Dillon of the Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board adopts as its initial findings of fact its determination and findings in file numbers 070376, 070377 and 070378.  In addition, the Board had before it an April 29, 2008 background and variance request summary developed by Hughes Associates for the Applicant.  Accordingly, the Board hereby incorporates the original cases in this matter and the above April 29, 2008 summary as its initial findings of fact in this case.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 13.8.10.4.4.1 in order to allow the Applicant to install fault isolation modules per unit rather than per floor.  It is the understanding of the Board that in this alternative scenario, only six to eight units would be affected as a result of the short circuit fault rather than up to eighteen units if done in accordance with the language of the RI Uniform Fire Code.
	2.  The Board hereby grants a variance from the provisions of section 13.8.10.5.5.1 in order to allow the Applicant to zone the sprinkler system by unit rather than by floor.  In granting this relief, it is the understanding of the Board that upon activation of the sprinkler, the annunciation at the fire alarm control unit would show a main flow and a unit (between fire walls) rather than a floor that could cover as many as eight units.
	3.  The Board grants a variance in order to allow the Applicant to utilize the provisions of NFPA 13R in designing and implementing a sprinkler system in the apartment units located in 400 and 424 North Main Street.  Specifically, it is the understanding of the Board that two (2) of the upper units of this facility maintain loft areas that are approximately 25 of the floor below.  Accordingly, the Board grants relief from full compliance with NFPA 13 in order to allow the Applicant to utilize NFPA 13R in this case.  These files shall remain open in the event there are any additional requests by either the Fire Marshal or the Applicant.

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)].