The above-captioned case was scheduled for hearing on April 3, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Preiss, OConnell, Blackburn and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Frank Mills of the Providence Fire Marshals Division of Communication.  A motion was made by commissioner Blackburn and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the subject facility is a public housing complex known as Carroll Tower.  The Board further finds that the facility has a total of 194 units with 122 efficiency units, 64 one (1) bedroom units and eight (8) two (2) bedroom units.  The Board further finds there is a common lobby and two community rooms on the first floor a community kitchen, two elevators and a common hallway on each floor.  The Board further finds that there are two stairwells located at each end of the building.
	The Board further finds that the Applicant is undergoing a full replacement of the fire alarm system.  However, the Board further finds that Applicant is unable to comply with the dimensional requirements for the command center of this system in light of the existing construction into which the system is to be retrofitted.  Finally, the Board finds that the Applicant has presented a plan of action for the command center of this facility and the Fire Marshals Division of Fire Communication has no objection to the planned and proposed command center.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance in order to allow the Applicant to develop and place a command center for the fire alarm systems for this facility as proposed in its plans submitted to the Providence Fire Marshals Office.  In granting this variance, it is the understanding of the Board that the Providence Fire Marshals Division of Communication has no objection to the proposed command center.

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)].