The above-captioned case was scheduled for hearing on October 25, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Burlingame and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that the subject facility is a new eighteen (18) story building proposed to be immediately adjacent to Waterplace Park.  The Board further finds that the current configuration of the area surrounding the building would not provide accessibility to fire department access along the north side.  The Board further finds that the only fire department access to this high rise building will be a privately owned courtyard (plaza) on the east side of the building.  The Board further finds that the Providence Fire Marshals office has deemed it vitally important that the courtyard and access thereto remain devoid of impediments or obstructions to fire department access.  Finally, the Board finds that the Applicant and the Providence Fire Marshal's office have agreed to a plan of action to be reviewed and approved by the Board.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby approves the proposed fire department access plan by the Applicant as follows.  The Applicant may provide parking on both sides of the Stillman Street extension, however the Applicant must maintain at least a twenty foot wide fire department access route through this area.  The Board further directs that the plaza area, providing the only access to the tower, be maintained completely devoid of trees, bollards, canopies on sidewalks or any other impediment to the emergency vehicles which may be utilizing this area in the event of fire.  The Board further directs that as part of the access plan, the Applicant shall provide approved signage covering the access route and plaza area, at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board further directs that the Providence Fire Marshals office may utilize the citation system and/or abatement procedures and/or Board of License procedures to address any violation of the proposed access system.  Finally, the Board directs that the Applicant shall maintain full time security in both towers who will work directly with the Providence Fire Marshals office in maintaining unobstructed access to these facilities.  In the event the Providence Fire Marshal or the Applicant encounter difficulties, they may immediately return to the Board.

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)].