The above-captioned case was scheduled for hearing on April 25, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Preiss and Filippi were present.  Commissioners Blackburn and Burlingame recused themselves from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Vespia of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the April 25, 2006 hearing on this matter, the Board was advised and finds that the Applicant was requesting relief from the provisions of the RI Uniform Fire Code section 13.8.10.5.10 in order to be relieved of the fan shut-down requirement for the new air handling unit used to keep the computer room service at the required conditioned temperature.  The Board further finds that the new air handling unit that is being installed in the mechanical room adjacent to the computer lab 744A is limited to the general area of the computer lab.  The Board was further advised by the Providence Fire Marshal's office and finds that the intent of the code was not to allow smoke to be sent throughout the building and therefore the Providence Fire Marshal's office has no objection to this limited arrangement.  

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 Applicant relief from the HVAC shut down requirements for the new air handling unit that is being installed in the mechanical room adjacent to computer lab 744A in the subject complex.  In granting this relief, the Board notes that the computer lab must be maintained at a certain temperature in order to avoid permanent damage to the server equipment within the computer lab.  Finally, the Board notes that the maintaining of this particular fan unit would not allow smoke to be sent throughout the entire building.

 
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)].