The above-captioned case was scheduled for hearing on October 23, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Jackson, Preiss, Jasparro, Filippi and Walker were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the October 23, 2007 hearing on this matter, the Board was advised and finds that the subject facility is equipped with a high pressure induction heating system that has been modified on several floors to create a low pressure system by tapping off of the main risers with ductwork to serve the office spaces.  The risers, which are high-gauge steel, are not enclosed in the required two hour fire resistance rated shaft and the penetrations of the riser by the taps are not protected with fire dampers.  The Board finds that the Applicant has proposed that he be granted a time variance in order to correct this deficiency by doing the correction work as tenant spaces become vacant and the space is renovated.
	The Board further finds that the building is equipped with a high pressure induction HVAC system.  The Board finds that the risers, which are high gauge steel are not enclosed in the required two hour fire resistant rated shaft and that the penetrations of the floor and ceiling by the risers are not currently protected.  The Board finds that the Applicant has proposed to allow the risers to remain in place and to provide fire stopping around the risers at the penetrations of the floor/ceiling assemblies.
	The Board finds that the Providence Fire Marshal's office has worked with the Applicant in the development of this plan and has determined that this plan is reasonable in light of the full sprinkler and fire alarm protection throughout this facility.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance in order to properly enclose those portions of the HVAC system that have been altered by providing two hour fire resistant rated shafts with fire dampers provided at the penetrations of the shaft enclosures as the tenant spaces in this complex are vacated and renovations take place.  Accordingly, the Board directs that the above corrections shall be made prior to the re-occupancy of the tenant spaces.  Pursuant to the recommendation of the Providence Fire Marshal's office, the Board hereby directs the Applicant to record this decision in the land records of the City of Providence covering this facility in order to alert any future owner of this facility as to the nature of this deficiency and the timetables for the correction of the deficiency.
	2.  The Board hereby grants a variance from the provisions of Life Safety Code sections 8.6.2 and 8.6.5 in order to allow the Applicant to maintain the high gauge steel risers of the high pressure induction HVAC system unenclosed by two hour fire resistant rated shaft construction.  In granting this relief, the Board directs the Applicant to provide fire stopping around the risers at all penetrations of the floor/ceiling assemblies.  Again, this relief is based upon the determination of the Providence Fire Marshal's office that the request is reasonable in light of the Applicants full sprinkler and fire alarm coverage throughout 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)].