The above-captioned case was scheduled for hearing on January 22, 2009 at 9:00 A.M.  At that time, a subcommittee of the Board consisting of Acting Chairman Newbrook and Commissioner Dias reviewed the testimony and documentation presented and voted to recommend the plan of action outlined below.  The subcommittee recommendations were reviewed by the full Board on January 27, 2009.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Pearson, Filippi and Dias were present.  The fire service was represented at the January 22, 2009 subcommittee hearing by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Filippi to approve the subcommittee recommendations and to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the subcommittee hearing in this matter, the Board was advised that the Applicant sought a time variance in which to bring this facility into compliance with the municipal fire alarm requirements of the State Fire Code.  The Board further finds that the remainder of this facility either is in compliance with the code or shall be in compliance with the code within a timetable established by the Providence Fire Marshal's office.  Accordingly, the Board finds that the only outstanding question is the municipally connected fire alarm system.  
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a period of three (3) months from the date of this decision in order to provide the Providence Fire Marshal's office with a plan of action for the upgrading of the fire alarm coverage in this facility to a municipally connected fire alarm system in accordance with the provisions of the code.  The Board further grants the Applicant a time variance of 120 additional days in order to allow the Applicant to install a municipally connected fire alarm system within this facility.  The Board further authorizes the Providence Fire Marshal's office to extend the above timeline up to one (1) year for good faith efforts being shown by the Applicant.  Finally, it is the understanding of the Board that the Providence Fire Marshal's office has no objection to this plan of action.

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 above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5, if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request, to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, One Regan Court, Cranston, RI  02920.