The above-captioned cases were most recently before the Board on September 30, 2008 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Pearson, Jasparro, Jackson, Richard and Dias were present.  Vice Chairman Newbrook recused himself from consideration of this case and Commissioner Blackburn left prior to this case.  The fire service was not present, however, by email dated September 26, 2008, Assistant Deputy State Fire Marshal Christopher Dillon of the Providence Fire Marshal's office advised the Board that he had no objection to the issuance of a variance based on the submitted correspondence of Senior Fire Protection Engineer W. Keith Burlingame.  Accordingly, a motion was made by Commissioner Jackson and seconded by Commissioners Pearson and Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this facility was originally before it on January 29, 2008 wherein a plan of action was developed and the file was maintained open in the event future relief was necessary.  The Board further finds that as a result of the installation of automatic sprinklers throughout this facility, an artificial ceiling needed to be created on the third floor stairway of each unit.  The Board further finds that this created a concealed space which would be greater than twenty-four (24) inches.  The Board finds that an NFPA 13R sprinkler system is not required for the above concealed spaces.  However, the Board notes that Rhode Island Uniform Fire Code section 13.8.10.5.4.1 does require heat detection in these areas.  The Board finds that the Applicant has requested that, due to the limited size of these areas, and the fact that they are used for no purpose and contain no materials or utilities, a variance has been requested to allow the ceilings to remain as is without providing additional fire protection or detection in these spaces.  Finally, the Board notes that the Providence Fire Marshal's office has no objection to the requested relief.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of Rhode Island Uniform Fire Code section 13.8.10.5.4.1 in order to allow the Applicant not to provide additional fire detection or fire protection in the above described ceiling spaces.  In granting this relief, the Board notes that the Providence Fire Marshals office has no objection.
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)].