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 Newbrook, Preiss, and Pearson were present.  Commissioners Blackburn and Burlingame recused themselves from consideration of this case.  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 Newbrook 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 mixed use high-rise building that includes six (6) floors of mixed use business and assembly space located on top of three (3) levels of parking garage and one (1) level of street front retail/restaurant space.  The Board further finds that the initial design and construction phase of this facility includes a shell and core phase to be followed by subsequent tenant fit-out phases.  The Board further finds that as part of the future tenant fit-out phases, portions of the upper six (6) floors of the building may be utilized as assembly space.  The Board further finds that this facility has approximately 318,500 gross square feet in area and ten (10) stories in height and is constructed of Type IB protected non-combustible construction.  The Board further finds that the building shall comply with the high-rise requirements of both the Rhode Island State Building and Fire Codes.  The Board further finds that this facility shall maintain two (2) approved enclosed stairways and that one (1) of these stairways shall be adjacent to a transformer vault.  Finally, the Board finds that the Applicant is seeking relief from the provisions of RI Life Safety Code section 12.3.2.1.1 based upon a plan of action dated October 7, 2005.  

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance from the provisions of section 12.3.2.1.1 in order to allow the Applicant to maintain and protect the transformer vault in this facility in accordance with the plan of action outlined in his October 7, 2005 letter to the Chairman of the Fire Safety Code Board of Appeal & Review.  In light of the compliance alternatives and justification outlined on page 5 of the October 7, 2005 letter, the Providence Fire Marshals office advised the Board that the alternatives appeared to be reasonable.  Accordingly, as a condition of this variance, the Board hereby incorporates the October 7, 2005 letter from Hughes Associates into this decision and directs the Applicant to adhere to the plan of action outlined therein.
	2.  The Board hereby authorizes the Providence Fire Marshals office to approve the issuance of temporary certificates of occupancy for the various portions of this facility deemed to be in substantial compliance with the State Fire Code.  Specifically, once the Providence Fire Marshals office is satisfied that the building, or a portion thereof, is in substantial compliance with the code, the Providence Fire Marshals office may approve the issuance of a temporary certificate of occupancy for the building or a portion thereof.
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)].