The above-captioned case was 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 Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshal's office and the Board was further notified that Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshal's office had no objection but was unable to attend due to a funeral.  A motion was made by Commissioner OConnell and seconded by Commissioner Filippi 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 this facility is a three story masonry wood construction structure with a full basement situated on the corners of Pine and Richmond Streets.  The Board was further advised and finds that this facility was once the former office space of the RI Department of Elderly Affairs.  The Board was further advised and finds that the proposed occupancy for this facility would be office space for the RI State Public Defenders Office.
The State Fire Marshal's office conducted an expedited plan review of the facility and stage one of this project was to complete the renovation of the first three (3) floors of the facility.  The first phase would provide for a new fire alarm system, expanded sprinkler coverage, new emergency lights and exit signage and the enclosure of the center stairway.  The second phase, expected to completed within six (6) weeks of this hearing, will be the renovation of the basement area.  In light of the substantial progress made by the Applicant, the State and Providence Fire Marshals support the Applicants request to temporarily occupy this facility after the major fire safety systems are fully functional.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby authorizes the State and Providence Fire Marshal's office to approve the issuance of a temporary certificate of occupancy in order to allow the Public Defenders office to occupy this building once they are satisfied that the major fire protection systems are in place and the fire alarm system, for those areas to be occupied, is fully functional and approved by the Fire Communications Division of the Providence Fire Marshal's office.
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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)].