The above-captioned case was originally scheduled for hearing on August 30, 2005 and a decision outlining the plan of action for this facility was subsequently issued.  The case was most recently reviewed by the Board on November 8, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Filippi and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Fournier of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby adopts as its original findings of fact as outlined in its decision in file 050474.  The Board further finds that the original case was based upon approved rated separation.  The Board further finds that upon review by the Providence Fire Marshals office, there appears to be no rated separation between the levels.  The Board further finds that the Applicant provided fire separation on the stairways but not between the floors.  The Board further finds that apartments are located above the mercantile occupancy.  Accordingly, the parties appeared before the Board to address alternative compliance. 
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop plans for the rated separation of the occupancies of this facility or for the sprinklering of this facility.  In any event, the plans covering the modifications to this facility shall be completed by a licensed architect or engineer within the above thirty (30) day period and the Applicant shall have an additional 120 days in which to complete the rated separation of occupancies or the sprinklering of this facility, at the direction and to the satisfaction of the Providence 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)].