The above-captioned case was scheduled for hearing on March 7, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Richard, Preiss, Filippi, Newbrook, and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.
FINDINGS OF FACT
	The Board finds that the subject proposed facility shall house the headquarters of the GTECH Corporation.  The Board further finds that the proposed facility will be a mixed use, high rise building that includes six (6) floors of business and assembly space located on top of three (3) levels of parking garage and one (1) street level of street front retail/restaurant space.
	The Board further finds that the proposed building is approximately 318,500 gross square feet in area, ten (10) stories in height, and constructed of Type 1B, protected, noncombustible construction.  The Board further finds that the building will comply with the high rise requirements of the Rhode Island State Building Code section 403.0 and will further be equipped with an automatic sprinkler system and high rise voice evacuation system installed pursuant to the Rhode Island Uniform Fire Code.  Finally, the Board finds that the Applicant has requested relief from the provisions of the State Fire Code in the five (5) areas listed below.  

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The first issue before the Board is the Applicants request to be allowed to consider a large portion (4,100 square feet) of the fifth floor office roof terrace to be considered unoccupied space while a small (1,200 square feet) portion of the terrace is occupied on a daily basis.  Specifically, the Providence Fire Marshal and the Applicant have reached agreement that a small portion of the roof terrace may be deemed occupiable space, allowing approximately eighty (80) people to utilize it for dining purposes.  The remaining portion of the roof terrace would be subdivided by a guard rail system complete with audible alarm at the gate to control access to the remaining portions of the roof.  The Applicants specific plan of action, related to the initial variance request, is outlined on pages 2 and 3 of its attached February 13, 2006 submittal.  The Board hereby incorporates the February 13, 2006 submittal as part of this decision and hereby grants relief from the provisions of RI Life Safety Code section 7.3.1.2 and table 7.3.1.2 in order to allow the Applicant to deem a 4,100 square foot portion of the fifth floor roof terrace as unoccupiable space in accordance with the conditions outlined in the plan of action.
	2.  The second variance request was to grant the Providence Fire Marshal or his or her designee the authority to issue a temporary certificate of occupancy allowing an occasional after-hours event to be held on the large unoccupied portion of the fifth floor terrace after working hours while the adjacent fifth floor office space is unoccupied.  The Applicants second variance request is outlined on pages 4 and 5 of the attached February 13, 2006 submittal.  Accordingly, the Board hereby grants a variance from the provisions of RI Life Safety Code section 12.1.2.2 in order to allow the Providence Fire Marshal and his or her designee to issue temporary certificates of occupancy for occasional temporary after hours use of the unoccupied portion of the fifth floor terrace.  Any request for such use shall be reduced to writing and submitted to the Providence Fire Marshal's office within a timetable established by that office.  Any allowed temporary use of the unoccupied portion of the roof terrace shall be strictly limited to after-hour functions so as not to compete with the business occupants for exit.  Finally, the Board directs the Applicant to comply with the conditions outlined on pages 4 and 5 of the February 13, 2006 variance request summary.  The Board notes that the Applicant has clarified the above summary to indicate that when the railing and gate are re-installed and reconnected, they shall be connected to the security as opposed to the fire alarm system for the gate after the scheduled event.  
	The third variance request will be to allow the building elevator lobbies to be equipped with telephones connected directly to a twenty-four hour manned security station with remote manual unlocking to mitigate the lack of direct access to an exit stair from the elevator lobby on each of the GTECH levels 5, 6,7 and 8.  It is the understanding of the Board that floors 5, 6, 7 and 8 maintain security doors and are not multi-tenant floors.  It is the further understanding of the Board that the Applicant shall employ the safeguards outlined on pages 6 and 7 of the February 13, 2006 variance request summary with the following agreed upon amendments. 
	The Board hereby amends the February 13, 2006 summary to provide for the automatic opening of the doors with the activation of any component of the fire alarm and/or sprinkler system or the loss of power.  The Board further directs the Applicant to provide approved signage in the elevator lobby areas at the direction and to the satisfaction of the Providence Fire Marshal and to further provide a telephone in the lobby with a direct line to the 24-hour security in the building with the understanding that the security would be able to remotely unlock any doors in the elevator lobbies.  The Board further directs that the areas will be covered by surveillance cameras and that the telephone system will be a redundant system.  Finally, the Board directs that the telephone will also be able to dial out to 911 emergency in addition to building security.  In light of the above, the Board hereby grants a variance from the provisions of RI Life Safety Code section 7.4.1.6 in order to allow the elevator lobbies to be secured in accordance with the above safeguards.
	4.  The fourth variance request is to allow the occupant load of the seventh floor presentation room and the product gallery suite to be determined by utilizing an alternative occupant loading in lieu of the floor area calculations required for code.  Specifically, the Applicant is requesting that Sheet LS-203, attached to the February 13 2006 summary as Appendix A, be allowed to provide an alternative egress analysis for the above cited areas.  It is also the understanding and direction of the Board that the presentation rooms on the seventh floor of the building and the product gallery suite shall not be simultaneously occupied.  In the event the Applicant needs to simultaneously occupy these areas in the future, the Board hereby authorizes the Providence Fire Marshal's office to approve any alternative layout submitted by the Applicant.  In the event the Providence Fire Marshal's office does not agree to the Applicants alternative layout, the parties may re-submit the issue to the Fire Board.  In light of the above, the Board hereby grants a variance from the provisions of Life Safety Code section 7.3.1.2 in order to allow the Applicant to utilize the alternative occupant loading of the seventh floor presentation room and product gallery suite as outlined on pages 8 and 9 of the February 13, 2006 variance request summary.  The Board further directs the Applicant to provide the Providence Fire Marshal's office with an approved furniture plan for these areas.  Finally, the Board authorizes the Providence Fire Marshal to authorize any alternative layout that the Providence Fire Marshal's office believes complies with the spirit of the code.  In the event that the parties are unable to agree on any alternative layout, they are free to return to the Board for further review.
	5.  The Board hereby grants the Providence Fire Marshal's office the authority to issue a temporary certificate of occupancy for this entire complex, or any portion thereof, pursuant to a plan of action for safety developed at the direction and to the satisfaction of the Providence Fire Marshal's office.  Specifically, the temporary certificate of occupancy, for all or part of this facility, may be issued by the Providence Fire Marshal for any of the reasons outlined on page 10 of the Applicants February 13, 2006 summary or for any other reason deemed appropriate by the Providence Fire Marshal's office.  
	6.  The Board hereby closes this file with the understanding that any future tenant may re-petition the Board for review under a separate file number.

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)].