The above-captioned case was originally scheduled for hearing on March 8, 2005 and the Boards decision in this matter was mailed to the parties on May 11, 2005.  The Applicant has now returned to the Board requesting that the original variance be reinstated and that the Applicant be granted a time period in which to submit new plans to the Fire Marshals Office and to complete this project.  Accordingly, the matter was most recently heard on September 27, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Walker, Blackburn, Richard, Jasparro, Burlingame, Sylvester, Dias and Jackson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame and the abstention of Commissioner Blackburn.

FINDINGS OF FACT
	The Board hereby incorporates its original findings in file number 040373 as its initial findings of fact in this case.  The Board further finds that the Applicant is requesting reinstatement of the original variance and a time variance in which to complete the work for this facility.  Finally, it is determined that this file should remain open until the final certificate of occupancy is issued.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby reaffirms its variance in order to allow the Applicant to occupy the penthouse described in file number 040373 without requiring the building to be classified as a high-rise.  As a condition of this variance, the Board directs the Applicant to provide this facility with an approved wet standpipe system in order to comply with the code in accordance with its March 8, 2005 plan of action, at the direction and to the satisfaction of the Providence Fire Marshals Office.  Specifically, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the above correction.  The Board further grants the Applicant an additional 120 days in order to implement the above plan of action at the direction and to the satisfaction of the Providence Fire Marshals Office.  Finally, the Board shall maintain this as an open file until the final certificate of occupancy is issued for this facility.

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)].