The above-captioned case was originally scheduled for hearing on April 6, 2004, at 1:00 P.M.  At that time, initial testimony was taken and the matter was continued for two weeks to April 20, 2004.  During the April 20, 2004 hearing on this matter, the Applicant was advised to develop a plan of action of alternative fire safety in light of the restrictions on fire department access to this proposed building.  The Applicant and his representatives met with the Providence Fire Marshal’s office and agreed upon a plan of action which was thereupon submitted to the Board on June 29, 2004.

Accordingly, the above captioned case was most recently scheduled for hearing on June 29, 2004 at 1:00 p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Burlingame, Filippi and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

INDINGS OF FACT
	
During the above hearings on this matter, the Board utilized a January 8, 2004 letter to the Applicant from the Providence Fire Marshal’s office outlining the concerns of the Providence Fire Marshal’s office with regard to this facility.  The above letter was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the several hearings on this matter.  Accordingly, the Board hereby incorporates the January 8, 2004 letter as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	
The Board further is in receipt of a summary of proposed Building B construction submitted by the Applicant and date stamped June 27, 2004.  The above summary was also utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the June 29, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the summary of proposed Building B construction as its findings of fact pertaining to the proposed plan of action approved by the parties.
	
Finally it is the understanding of the Board that the parties have agreed that this facility shall be completely built of non-combustible construction with piles utilizing spread footings.  The Board further finds that in lieu of fire department access, the Applicant shall build this facility in accordance with the summary of proposed Building B construction stamped received June 27, 2004.  Any further modification of the Board’s findings, 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 a variance from the provisions of chapter 18 of the RI Uniform Fire Code in order to allow the Applicant to maintain fire department access on the north and south end of this facility and to provide an FDC connection on both the north and south ends of this facility, providing that the Applicant construct this facility in accordance with the “summary of proposed Building B construction” dated June 27, 2004 (attached).  In light of the fact that the construction of this building shall now be completely of non-combustible materials, the Board concurs with the parties that this construction, as outlined in the June 27, 2004 “summary of proposed Building B construction”, provides sufficient safeguards in lieu of fire department access to all sides of this building.  The Board further notes, in addition to the above construction, that the Applicant shall utilize approved sprinkler and standpipe systems and maintain one-hour rated tenant separation walls.  Finally, it is the understanding of the Board that the Applicant shall provide this facility with two (2) fire department connections, one at the north end and one at the south end of this facility.  
	
2.  It is the understanding of the Board that the Applicant shall notify Amtrak of the proximity of this facility to the Amtrak catenary.  The Board would further request that the Applicant would comply with all recommendations of Amtrak regarding the proximity of this facility to the catenary.

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 Applicant’s 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 Board’s 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 Board’s 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)].