The above-captioned case was scheduled for expedited hearing on August 15, 2006 at 9:00 A.M.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Preiss and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Glen Bathgate of the Cranston Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	It is the finding of the Board that this facility is an existing apartment complex containing three (3) floors.  The Board further finds that each floor contains two (2) units, then a new two-hour fire rated corridor, then four (4) units then a new two-hour fire rated corridor, and finally two (2) additional units.  The Board further finds that the corridors will be fitted with two-hour fire barrier assemblies.  Finally, the Board finds that the Cranston Fire Marshal's office questioned whether the two-hour fire barrier assemblies would be covered under Fire Board determination 04-11 which requires suitable two-hour fire resistant barriers with structural integrity.  Finally, the Board finds that in all other respects this building shall be brought into compliance with the State Fire Code.
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the August 15, 2006 hearing on this matter, the Board was advised and finds that the Applicant is in the process of rebuilding certain apartment units within this existing building and further providing this existing building with a retro-fitted fire barrier providing two-hour separation on both sides.  It is the further understanding of the Board that this fire barrier extends from the basement floor of this facility to the roof deck with double 5/8 sheet rock on both sides and further that this barrier is extended, at the roof deck, by four (4) feet on either side.  During the hearing, Commissioner Blackburn brought to the Boards attention that Interpretation 04-11 addressed only fire alarm and not sprinkler coverage in a retro-fitted building.  Accordingly, it was noted that the above two-hour fire barrier could be approved within the context of this retro-fitted construction as being code compliant.  Accordingly, the Board voted to approve the above described two-hour fire separation barrier as being code compliant, in this particular context of retro-fit construction.

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)].