The above-captioned case was scheduled for hearing on September 13, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richards, Blackburn, Newbrook, Preiss, Burlingame, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Silva and Steve Moise of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the September 13, 2005 hearing on this matter, the Board was advised and finds that the Applicant is requesting that the Providence Fire Marshals office be authorized to approve the issuance of partial certificates of occupancy, on a floor by floor basis, as this building is brought into compliance with a plan of action approved by the Providence Fire Marshal's office.  The Board was further advised and finds that the Applicant seeks to eliminate sprinkler heads at the third floor balconies in light of the fact that these areas are covered by sprinkler coverage in the attic.
	The Board further finds that, prior to the issuance of temporary certificates of occupancy, the buildings sprinkler system would be 100 operational.  The Board further finds that all building egress would be completed.  The Board further finds that the fire alarm system devices shall be installed completely for the occupied floors and that the unoccupied floors will only have pull stations and horn strobes installed.  The Board further finds that the master box connection shall be complete and that heat detectors shall be installed at the elevator lobbies in lieu of smoke detectors for the unoccupied floors.  The system shall be fully on-line and operational prior to the issuance of the requested certificates of occupancy.
	The Board further finds that the Applicant shall pre-test all systems prior to scheduling inspections in order to verify that the system is complete upon inspection.  The Board further finds that additional fire alarm tests will be required on each floor once the final occupancy is requested for that floor.  The Board further finds that all mechanical systems are to be complete and operational with HVAC duct smokes installed as required.
	The Board further finds that the Applicant shall verify that all room numbers correspond with the fire alarm numbering system.  The Board further finds that the Applicant shall provide appropriate signage at the unoccupied areas notifying homeowners that these areas shall remain off-limits during construction.  The Board further finds that the Applicant shall provide a copy of the signed contract for quarterly fire alarm maintenance and sprinkler system maintenance to the Providence Fire Marshals office.  The Board further finds that the Applicant shall provide cut sheets to the Providence Fire Marshals office for extinguishers and cabinets for review.  The Board further finds that the building shall be provided with an approved Knox Box.
	The Board further finds that the Applicant shall provide the fire alarm control panel in the garage janitors closet and that the horn strobe at the panel will be changed to a strobe only and a smoke detector shall be provided at the panel.  The Board further finds that the master box, enunciator panel and pull station shall be moved inside the locked vestibule door at the entry lobby.  The Board further finds that the entry vestibule horn strobe shall be changed to a strobe only.  Finally, the Board finds that the current design has a smoke detector at each elevator that the Applicant shall revise to a single smoke detector in the elevator lobby located in the upper soffit area.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance in order to allow the Providence Fire Marshals office to authorize the issuance of temporary certificates of occupancy for this facility in a floor by floor basis.  In granting this relief, the Board directs the Applicant to bring the facility into full compliance with the full understanding of the Board as outlined in the above findings of fact prior to the issuance of a temporary certificate of occupancy.
	2.  The Board hereby grants a variance in order to allow the Applicant to eliminate sprinkler heads at the third floor balconies.  In granting this relief, it is the understanding of the Board that the area in question shall be protected by the attic sprinkler coverage.

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)].