The above-captioned case was scheduled for hearing on March 8, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame, Pearson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence State Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT

	During the March 8, 2005 hearing on this matter, the Board utilized a July 8, 2004 inspection report compiled by the Providence Fire Marshals Office.  The Board further utilized a March 8, 2005 response to the original report outlining the Applicants plan of action.  Accordingly, the Board hereby incorporates the above report and response as its initial finding of fact.  The Board further finds that this building maintains approximately twelve thousand square feet per floor.  The Board further finds that this building maintains a penthouse that has approximately six hundred square feet per floor.  The Board further finds that this building is between fifty and sixty percent in compliance with the Applicants plan of action as of the March 8, 2005 hearing.
	The Applicant is requesting that the Board grant a variance in order to allow it to occupy the penthouse without converting the building to a nine-story structure.  The Applicant notes that the main building is less than seventy five feet above grade.  The Applicant further notes that the penthouse unit will only be occupied by a single person.  The Applicant has further advised the Board that the building shall be equipped with an approved wet standpipe system and shall wise brought into full compliance with the code at the direct and to the satisfaction of the Providence Fire Marshals Office.  Finally, the Applicant has requested that this file remain open until the final certification of occupancy is issued.

CONCLUSIONS AND VARIANCE REQUESTS
The Board hereby grants a variance in order to allow the Applicant to occupy the above described penthouse of this facility without requiring the building to be classified as a high-rise.  
As a condition of this variance, the Board directs the Applicant to provide an approved wet standpipe system and to further 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.  Finally, the Board shall maintain this file in order to allow either the Applicant or the Providence Fire Marshals Office to return in the future prior to the issuance of a final certificate of occupancy 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)].