The above-captioned case was scheduled for hearing on March 1, 2005 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Preiss, Newbrook, Filippi, Evans, OConnell and Pearson were present.  The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Michael Proto of the State Fire Marshals Office.  A motion was made by Commissioner Evans and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a February 9, 2005 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the March 1, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the February 9, 2005 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	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 the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal.)

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days in order to allow the Applicant to return to the Board with a plan of action for the engineered expansion of the existing sprinkler system into the non-sprinklered spaces.  At that time, the Board will determine how much additional time will be necessary to complete the sprinkler coverage of this building.
	2.  It is the understanding of the Board that deficiency 2 was corrected.
	3.  The Board hereby directs the Applicant to correct deficiency 3 prior to occupancy.
	4.  The Board hereby directs the Applicant to correct deficiency 4 prior to occupancy.
	5.  Based upon the State Fire Marshals review, the Board hereby grants a variance in order to allow the Applicant to maintain the existing hard wood floors throughout this facility without additional documentation.
	6.  In light of the above plan of action, the Board hereby authorizes the State Fire Marshals office to approve the occupancy of this building or parts thereof.  Specifically, the Applicant may use the first floor without restriction, provided that items 2, 3 and 4 are corrected.  In the event the Applicant wishes to utilize either the second floor or the basement levels of this building, the Board directs, as a condition of this use, that the Applicant maintain an approved fire watch until the sprinkler system is properly expanded to the satisfaction of the State Fire Marshals office.  As a further condition of occupancy, the Board directs the Applicant to replace the existing heat detectors, device for device, with approved smoke detectors, at the direction and to the satisfaction of the State Fire Marshals office.

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)].