The above-captioned case was scheduled for hearing before a subcommittee of the Board on September 17, 2009 at 9:30 A.M.  At that time, Acting Chairman Dias and Commissioner Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Dias to recommend to the full Board that it grant the Applicant the relief outlined herein.  The motion was unanimous.  
The above recommendations were thereupon presented to the full Board on September 22, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Jasparro, Pearson, Walker, Dias and Filippi were present.  Commissioner Preiss recused himself from consideration of these cases.  A motion to approve the subcommittee recommendations was made by Vice Chairman Newbrook and seconded by Commissioners Richard and Walker.  The motion was unanimous.  Accordingly, the subcommittee determination has the status of a full Board decision.
FINDINGS OF FACT
	The Board finds that the subject facility is a former industrial building changed to multi-tenant business use.  The Board further finds that the total floor area is approximately 104,000 square feet with 80,000 square feet at ground level and the remaining 24,000 square feet on two separate second floor areas.  The Board further finds that this facility is sprinklered throughout and protected by a municipally connected fire alarm system.  Finally, it is the understanding of the Board that all fire code deficiencies in this facility have been corrected with the exception of certain areas in which the structural components need to be treated with intumescent paint.  The Board finds that the Applicant has applied intumescent paint to approximately 90 of the cited areas and that the Applicant plans to treat the outstanding 10 as the tenants vacate those spaces.  The Board further finds that the Providence Fire Marshal's office has no objection to the Applicants proposal.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the Applicants proposed plan of action to treat the remaining surfaces within the last few tenant spaces as outlined above as these tenant spaces are vacated.  Specifically, as each tenant space is vacated, the Applicant shall bring that area of the building into compliance at the direction and to the satisfaction of the Providence Fire Marshal's office.  Finally, the Board notes that the Providence Fire Marshal's office has no objection to this proposal.

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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).