The above-captioned case was scheduled for hearing on October 24, 2006 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Pearson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Brown of the Providence Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner OConnell 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 January 26, 2005 inspection  report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the October 24, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the January 26, 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 this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby directs the Applicant to correct deficiency 1 by providing this facility with an approved key access box within two (2) weeks of the October 24, 2006 hearing date.
	During the October 24, 2006 hearing, the Board was advised and finds that the second and third floor tenants have been removed and that all natural gas appliances have been removed and the natural gas supply has been properly sealed off.  The Board was further advised and finds and hereby directs the Applicant that there shall be no occupancy on the second and third floors of this facility and that the utilities shall all be properly shut off at the direction and to the satisfaction of the Providence Fire Marshal's office.  Also, the second floors of this facility are to be boarded up in accordance with the provisions of the building code and shall remain unoccupied at the direction and to the satisfaction of the Providence Fire Marshal's office.
	The Applicant is hereby granted a time variance of twenty-four (24) hours from the date of the October 24, 2006 hearing in order to have a service technician inspect and begin repairs on the fire alarm system of this facility, at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board further grants the Applicant a time variance of two (2) weeks from the October 24, 2006 hearing, to provide this facility with approved exit signage and extinguishers and emergency lights in addition to ordering the Knox Box as outlined above.  The above emergency lighting, exit signage and extinguishers shall be installed at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board further grants the Applicant a time variance of thirty (30) days from the October 24, 2006 hearing date in which to provide the final upgrade to the fire alarm system, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	2-35.  In light of the removal of occupancy from the second and third floors of this facility and the plan of action covering emergency lights, exit signage, fire extinguishers and fire alarm system, the Board finds that the majority of items 2 through 35 have been addressed.  The Board hereby directs the Applicant to correct any outstanding deficiencies listed in this group at the direction and to the satisfaction of the Providence Fire Marshal's office.  Finally, it is the understanding of the Board that the Applicant plans to demolish this facility when the tenants leases have expired at the end of July 2007 with demolition to begin in August of 2007.  However, the Board finds that the above fire safety features are necessary in order to ensure the safety of the remaining occupants of this facility.
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)].