The above-captioned case was originally scheduled for hearing on December 13, 2005 at 1:00 P.M. and a decision was thereupon rendered in that case.  The Applicant subsequently requested a clarification of some of the items noted on that decision and a review of the Boards decision was taken up under old business at the hearing of March 14, 2006.  At that time, Acting Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Pearson, Filippi and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshals office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook to amend the original decision in this case as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
The numbers of the Decision below correspond with those of an August 9, 2005 plan review report compiled by the Providence Fire Marshals Office.  Portions of the above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the December 13, 2005 hearing and the March 14, 2006 review.  Accordingly, the Board hereby incorporates the August 9, 2005 plan review report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1-3.  The Board hereby grants the Applicant a time variance until April 2, 2006 in which to operate this entire facility under the prior code with the prior variances until the April plan review is conducted by the Providence Fire Marshals office and a full plan of action for this facility is developed and approved by the Providence Fire Marshals office.  The above plan of action shall address and correct all of the deficiencies within this facility except items 4 and 9 as outlined below.
	4.  The Board hereby directs the Applicant to calculate the total occupant load of the sixth floor of this facility and the egress requirements of the sixth floor of this facility utilizing the Rhode Island Life Safety Code calculations for a fully sprinklered building.  
	5-8.  The Board notes that deficiencies 5, 6, 7 and 8 shall be addressed and corrected pursuant to the plan of action outlined in item 1 above.
	9.  The Board hereby suspends action on Item 9 until the Board has reviewed the Applicants egress study for the entire building and has further conducted an onsite review of this facility.
	10-16.  The Board notes that deficiencies 10, 11, 12, 13, 14, 15 and 16 shall be addressed by the Applicant and corrected pursuant to the plan of action outlined in item 1 above.  

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)].