The above-captioned case was scheduled for hearing on June 9, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Jackson, Preiss, Walker, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Walker and Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the June 9, 2009 hearing on this matter, the Board was presented with a three-page, May 22, 2009 variance request report compiled by the Applicant in support of its variance request.  The above May 22, 2009 report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the June 9, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the May 22, 2009 variance request 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.  The Board hereby grants a variance in order to allow the provisions of NFPA 13-2002 edition, section 8.14.10.3 to be applied to the ground floor electrical room (room 002).  In granting this relief, the Board notes that NFPA-2002 edition section 8.14.10.3 permits electrical rooms to omit sprinkler protection provided that the room meets the listed criteria.  The Board notes that the standard is for gas-insulated electrical equipment and the NFPA does not address this particular equipment.  The Board further notes that Factory Mutual Global allows for the omission of sprinkler protection with the four (4) items listed in the criteria of section 8.14.10.3.  Accordingly, the Board grants the equivalency of gas-insulated equipment to air-insulated equipment.  In light of the above, the Board grants the Applicants variance request in accordance with the facts presented in the May 22, 2009 variance request report.

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)].