The above-captioned case was scheduled for hearing on 2/4/2014 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Thornton, Jackson, Richard and Burlingame were present.  Also present was Department of Administration Deputy Legal Counsel Peter N. Dennehy.  A motion was made by Commissioner Thornton and seconded by Commissioner Sylvester to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

	The above-captioned case was last scheduled for hearing on 1/14/2014 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Thornton, Jackson, Richard and Burlingame were present.  Also present was Department of Administration Deputy Legal Counsel Peter N. Dennehy.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshals Office.  The Applicant was represented by Mr. Eric Hanson and Mr. Timothy Wensus of Hughes Associates.  A motion was made by Commissioner Richard and seconded by Commissioner Thornton to grant the Applicant relief as outlined herein.  The motion was unanimous.
	The Board noted that this facility was the subject of a December 5, 2013 on-site Subcommittee Hearing at which time the Applicants Plan of Action dated October 28, 2013 was relied upon.  Subsequently at a December 10, 2013 hearing the Board approved the Subcommittee Recommendations and further directed that the Applicant and the Providence Fire Marshals Office review any remaining items or issues and return to the Board on January 14, 2014.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
	On January 29, 2014 Mr. Timothy Wensus of Hughes Associates requested that an omission of material fact that does not appear in the Decision be corrected in accordance with Board Rules and Regulations section 6-2-16.

CONCLUSIONS AND VARIANCE REQUESTS

	The Board hereby corrects and amends the Decision to adopt the relief set forth in the Applicants October 28, 2013 Plan of Action/Variance Request which incorporates a 20-page spreadsheet listing 113 items and a timeline for compliance.  Specifically, the Board ratifies and approves the Dimensional Variations, Arrangement of the Means of Egress variances and the Time Variances listed therein.  The Board notes that at the previous hearings there was no objection by the Providence Fire Marshals Office to this Plan of Action.

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)].