The above-captioned case was previously scheduled for hearing on March 15, 2005.  At that time, the Board outlined a plan of action for the use of this facility as a storage/industrial facility.  The Board further directed the Applicant to provide approved sprinkler coverage throughout the basement of this facility and in the carpenter shop, at the direction and to the satisfaction of the State and Providence Fire Marshals office.  The above captioned case was most recently re-scheduled for hearing on November 8, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Newbrook, Preiss, Pearson and Filippi were present.  Commissioners Blackburn and Burlingame recused themselves from consideration of this case.  The fire service was represented by Chief Deputy Michael DiMascolo and Chief Plan Review Officer Michael Proto of the State Fire Marshals Office.  A motion was made by Commissioner Newbrook 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 an August 12, 2004 inspection report compiled by the State Fire Marshals Office and the original decision in this matter dated June 13, 2005.  Accordingly, the Board hereby incorporates the original report and decision as its initial findings of fact.  The Board further finds that at the time of the original decision, the property was essentially unoccupied and being utilized only for the storage of State property.  The Board further finds that since that time the property has been slated for a new use as a movie sound stage for the use by Disney Productions in the filming of a new movie.  The Board further finds that an engineering firm has been retained by the Applicant and has designed a new automatic sprinkler system with fire pump, a new addressable fire alarm system, and a new life safety package consisting of emergency lighting, exit signs and fire extinguishers for this entire facility.  The Board further finds that the Applicant is seeking relief in order to occupy the basement and first floor levels of the building prior to the final completion of the above systems as being fully operational and approved by the State Fire Marshals office and the Providence Fire Department.  The Board further finds that the Parade Street side of this complex is projected to be completed on or before November 21, 2005 and that the Dexter Street side of the complex is scheduled to be completed on or before December 5, 2005.  
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby directs the Applicant to correct deficiency 1 by providing this facility with approved fire extinguishers installed throughout at the direction and to the satisfaction and within a timetable established by the State and Providence Fire Marshal's office.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing this entire facility with an approved addressable fire alarm system and an approved automatic sprinkler system, installed at the direction and to the satisfaction, and within a timetable established by the State and Providence Fire Marshals office.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with approved emergency lighting in the basement and first floor levels as well as the areas of exit discharge, at the direction and to the satisfaction, and within a timetable established by the State and Providence Fire Marshals office.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing approved new exit signage in the basement and first floor levels of this building, installed at the direction and to the satisfaction, and within a timetable established by the State and Providence Fire Marshals office.
	5.  The Board hereby grants the Applicant a variance in order to allow the Applicant to segregate the stairways in the east and west towers with rated enclosures at the basement levels only, and to provide security barriers at the second floor levels to prevent any occupancy above the first floor.  In granting this variance, it is the understanding of the Board that the atrium opening in each tower is being sealed off at the first floor ceiling level with a one-hour rated assembly.  It is the further understanding of the Board that the entire first floor is being protected by an approved system of automatic sprinklers.  It is the further understanding of the Board that a water curtain is being provided to segregate the area where each atrium is located from the area of the stairways.  It is the further understanding of the Board that the egress systems for each towers upper level shall be evaluated in the future at the direction and to the satisfaction of the Providence and State Fire Marshals office prior to any occupancy of these levels.  Finally, it is the understanding of the Board that this plan of action has been presented to and approved by the State Fire Marshals office and the Providence Fire Marshals office.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by providing the above protection outlined in item 5 and in addition providing a new overhead door with a passage door installed at the basement loading dock area.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing the above approved automatic sprinklers installed throughout the entire basement and first floor levels of the building.  In addition to protecting the existing wainscoting with the above sprinkler coverage, it is the understanding and direction of the Board that a new fire pump is being installed as well as fire department connections on the exterior of the building on the Parade Street and Dexter Street sides.
	8.  It is the understanding of the Board that the Applicant has completed flow testing, and that the calculations have been incorporated into the newly designed sprinkler system.  It is the further understanding and direction of the Board that the existing basement partial sprinkler system is being upgraded and shall be replaced in its entirety.
	9.  The Board hereby grants the Applicant a variance in order to temporarily occupy the drill hall portion of the first floor of the building prior to completion of the automatic sprinkler system in this area, at the direction and to the satisfaction of the State and Providence Fire Marshal's office.  In granting this relief, it is the understanding of the Board that the drill hall will be supplied with four (4) operational class three standpipes and fire extinguishers.  It is the further understanding of the Board that the existing beam detectors protecting this area will remain fully operational.  Finally, it is the understanding of the Board that this plan of action has been presented to and approved by the State and Providence Fire Marshal's offices.
	10.  In light of the Fire Marshals approval of the above plan of action for this facility, and the planned installation of both fire alarm and sprinkler coverage at the direction and to the satisfaction of the Providence and State Fire Marshals office, the Board hereby grants the State and Providence Fire Marshal's offices the authority to approve the issuance of a temporary certificate of occupancy with any additional plan of action deemed necessary by those offices.  
	11.  Finally, the Board maintains this file open in the event either party needs to return to the Board for clarification and/or additional relief.

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)].