The above-captioned cases were scheduled for hearing on April 4, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Mark Vincent of the Hopkins Hill Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the April 4, 2006 hearing on this matter, the Board was advised and finds that the Applicant was seeking a variance from the provisions of section 13.8.10.5.10 in order to allow the air handling units that supply air throughout the Immunex facility (including but not limited to areas such as the server room, clean rooms and other rooms critical to Immunexs manufacturing processes) to continue to operate in the event of a general fire alarm condition.  However, the Board notes that the air handling units will automatically shut down when duct smoke detection occurs within these areas.
	The Board notes that the International Mechanical Code provides for comparable relief in this situation.  The Board further finds that the areas to be granted this relief shall either be served directly with outside air or maintain a separate zone isolated from all other areas of the building.  Finally, the Board notes that the Applicant has requested that the Hopkins Hill Fire Marshal's office be granted the authority to provide similar relief, on a comparable basis, throughout the complex.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 13.8.10.5.10 in order to allow the Applicants air handling units in the above captioned facilities not to be automatically shut down upon the activation of the general fire alarm system.  However, in granting this relief, the Board notes that each of the subject air handling units will automatically shut down when duct smoke detection occurs within these areas.  Finally, the Board hereby grants the Hopkins Hill Fire Marshal's office the authority to approve comparable relief to the air handling systems throughout this complex rather than returning to the Board on a case-by-case basis.  All such relief shall be granted to systems that are in compliance with the International Mechanical Code.

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)].