The above-captioned case was scheduled for hearing on January 17, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Preiss, Burlingame, Pearson, Richard and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshals Vernon Dunlap and Richard Silva of the Providence Fire Marshals Office and Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the January 17, 2006 hearing on this matter, the Board was advised and finds that the subject facility was constructed on slab on grade as a two-story masonry building which measures 367 feet at its longest point by 134 feet at its widest point.  The Board was further advised and finds that the structure is a multi-purpose community center.  The Board was further advised and finds that pre-school and after-school programs are housed in the facilitys basement elevation.  The Board was further advised and finds that the ground floor houses a swimming pool, a gymnasium, an aerobics studio, men and womens fitness center, an auditorium, a kitchen, and various related offices.  The second floor of the facility carries a main entrance lobby and administrative offices.  The boiler room of the facility is accessed through the lower level and is situated at grade.  It is the further finding of the Board that the boiler room is a segregated room and employs a second means of egress directly onto Elmgrove Avenue.  It is the further finding of the Board that the boiler room is equipped with an in-swing rated steel door and had Class III fire extinguishers.  The Board further finds that additional fire protection features include Class C exit signs, emergency lighting, fire extinguishers and a supervised fire alarm system.  The November 15, 2004 inspection report compiled by the Providence Fire Marshals office lists six (6) deficiencies.  However, a separate inspection report, dated March 10, 2005, and compiled by the State Fire Marshals office, lists eleven (11) deficiencies.  However, both the Providence and State Fire Marshals offices have advised the Board that the Applicants proposed January 16, 2006 plan of action would address all of the deficiencies in both reports.  Accordingly, the Board hereby incorporates the January 16, 2006 plan of action report as its follow-up findings of fact covering this facility.
	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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in which to completely sprinkler the ground floor of this facility and to further provide the ground floor with an addressable panel and coverage at the direction and to the satisfaction of the State and Providence Fire Marshal's office.  The above time variance may be extended by the State and Providence Fire Marshals office for good cause shown.  Finally, the above sprinkler and addressable fire alarm system shall be installed with the capability of being extended to the remaining portions of this building during the next phases of renovation for this facility.
	2.  The Board hereby grants the Applicant a time variance to maintain operation of the third floor gymnasium with a posted occupancy of forty-nine (49) people until such time as the sprinkler system is extended to the third floor level of this facility.  Once the sprinkler system is extended to the third floor level of this facility, the Applicant may continue to occupy the gymnasium at a higher occupancy determined by the State and Providence Fire Marshals office in accordance with egress available.
	3.  The Board hereby maintains this as an open file in order to address the remaining portions of this building, within sixty (60) days of the date of this decision.

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)].