This case was originally scheduled for hearing on December 4, 2007 and the Board thereupon issued a decision in file number 070527 on March 4, 2008.  The Applicant has returned with the Providence Fire Marshal in order to request modification of the original decision in light of the fact that the Applicant has sprinklered the entire facility.  The above-captioned case was thereupon re-scheduled for reconsideration on December 2, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Walker, Jasparro, Jackson, Preiss, Richard, Blackburn and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Frank Mills and Richard Fournier of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file number 070527 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has fully sprinklered this facility and provided this facility with an approved local fire alarm system.  The Board was further advised that the Applicant wishes to expand the capacity of the second floor to sixty-one (61) people and that the Providence Fire Marshal's office has no objection in light of the fact that the Applicant has fully sprinklered and alarmed this facility.  Accordingly, the Applicant is requesting that the Board amend item 1 of the original decision in this matter.  It is the understanding of the Board that the Applicant shall maintain items 2, 3, 4 and 5 from the original decision.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant relief in order to allow sixty-one (61) people to be maintained on the second floor of this fully sprinklered facility.  The Board further grants the Applicant a variance in order to maintain the compliant local fire alarm system within this facility rather than a municipally connected system.  In granting the above relief, it is the understanding of the Board that the Providence Fire Marshal's office has no objection in light of the upgrade to the fire alarm system and the full sprinkler coverage provided by the Applicant.
	2-5.  The Board hereby reinstates its original decision covering items 2, 3, 4 and 5.
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)].