The above-captioned case was scheduled for hearing on April 17, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Blackburn, Newbrook, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Lutz and George Calise of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the April 17, 2007 hearing on this matter the Board was advised and finds that this is a three (3) story building of unprotected construction.  This fact was brought to the Applicants attention during the plan review process.  In accordance with the provisions of section 39.3.1.5.1 of the RI Life Safety Code the facility is requiring to be sprinklered.  The Board further finds that the Applicant has presented a plan of action which the Providence Fire Marshal has determined to be reasonable.  Specifically, the Applicant has agreed that on or before January 1, 2008 Flint Village, LLC will submit plans fully engineered drawings and hydraulic calculations necessary to install sprinklers at the property and present these plans to the Providence Fire Marshals Office for its review and comment.   The Applicant further proposes that on or before January 1, 2009 water service for the sprinkler system will be brought into the building and all necessary back flow preventers and risers will be installed along with control valves and tamper switches on each floor.  At that time the common areas of the building will also be sprinkler.  Finally, the Applicant proposes on an ongoing basis that as tenant vacate their space within the building that space shall be sprinklered as required prior to re-occupancy.	
	
CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board herby approves the above outlined plan of the Applicant to provide the Providence Fire Marshals Office with approved plans, engineered drawings and hydraulic calculations on or before January 1, 2008 to further provide water service for the sprinkler system to the building and to fully sprinkler all common areas by January 1, 2009 and  to complete the sprinkler coverage of this building on an on going basis as taenants vacate their space at the building by sprinkling that space before re-occupancy.

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)].