The above-captioned case was scheduled for hearing on January 8, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Walker, Jasparro, Preiss, Pearson and Jackson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Lutz of the Providence Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the January 8, 2008 hearing on this matter, the Board was advised and finds that the subject facilities house both business occupancy and industrial switching equipment.  The Board further finds that one out of the ten floors of the Greene Street facility (the fourth floor) is dedicated to switching equipment.  The Board further finds that four out of the eleven floors in the Washington Street Building (floors 2, 3, 4 and 5) are also dedicated to switching equipment.  The Board finds that the telephone switching equipment located in these areas service both the City of Providence and the 911 network.  The Board finds that the Applicant is requesting relief from the provisions of section 13.3.2.22.2 in order not to sprinkle the areas containing the switching equipment as outlined above.  The Board further finds that the Applicant shall protect these areas through the use of concentrated smoke detection installed at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board further finds that these areas maintain one or two employees per floor.  Finally, it is the understanding of the Board that the Providence Fire Marshal's office has no objection to the Applicants plan of action as presented.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 13.3.2.22.2 in order to allow the Applicant to not sprinkler the above floors containing telephone switching equipment, at the Greene Street and Washington Street buildings.  In granting this relief in order to allow the Applicant to implement its alternative plan of action at the direction and to the satisfaction of the Providence Fire Marshal's office, the Board notes that the Providence Fire Marshal's office has no objection.
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)].