The above-captioned case was scheduled for hearing on January 15, 2008 at 1:00 P.M.  At that time, a subcommittee of the Board consisting of Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Silva and Timothy Lutz Sr. of the Providence Fire Marshals Office.  A motion to submit the subcommittee recommendations to the full board was made by Commissioner Blackburn and seconded by Vice Chairman Newbrook.  The motion was unanimous.
On January 22, 2008, the subcommittee recommendations, outlined below, were presented to the full Board.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jackson, Jasparro and Walker were present.  A motion to accept the subcommittee recommendations was made by Commissioner Jackson and seconded by Commissioner Blackburn.  The motion was unanimous.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 4, 2007 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the January 15, 2008 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the November 4, 2007 plan review 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 from the provisions of section 8.6.8.2 in order to allow the proposed two-story floor opening to be open to corridors on the lower level of the floor opening.  In granting this variance, the Board notes that the Providence Fire Marshal's office has no objection to the requested relief, not for the arguments presented by the Applicant, but rather in light of the sprinkler protection, the draft stops and the additional smoke detection being provided to this facility by 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 above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5, if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, 1 Regan Court, Cranston, RI 02920.