The above-captioned case was scheduled for hearing on April 29, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jasparro, Jackson, Walker, Filippi and Dias were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the subject hotel is in the process of upgrading its fire protection and life safety systems.  The Board further finds that the hotels automatic sprinkler system has been extended such that the hotel now has 100 sprinkler coverage.  The Board further finds that the next phase of the project will be upgrading the fire alarm system throughout the hotel as follows.
The Board finds that the Applicant shall be upgrading the existing Simplex 4100 fire alarm control unit and replacing all of the existing initiating devices and notification appliances.  The Board further finds that the Applicant shall be providing ADA compliant visible notification appliances throughout.  The Board further finds that the Applicant shall install audible notification appliances in each guest room.  The Board further finds that the Applicant shall add additional smoke detector coverage throughout.  Finally, the Board finds that the Applicant shall install a radio computer system that is compatible with the Providence Fire Departments system.
The Board further finds that the hotels goal is to upgrade the fire alarm system on each floor as the floor is renovated in order to minimize disruption to hotel services.  The Board further finds that to date, the McCormick & Schmicks Restaurant, Red Door Spa, Starbucks Coffee Shop and the hotels third and fourth floors have recently been upgraded and are code compliant.  The Board finds that the plan of action proposed by the hotel is to renovate and upgrade the remaining fifteen (15) floors over a five year period at three floors per year.  
The Board finds that since all of the hotel guest rooms are now protected by automatic sprinklers, part of the upgrade plan is to remove all existing guest room heat detection as permitted by the code.  The Board further finds that subsequently, the existing conduits into the guest rooms will be retained and used for the installation of the new audible notification appliances.  
The Board further finds that Hughes Associates is in the process of developing a comprehensive plan of action for this project.  The Board notes that the parties have requested six (6) months to complete this plan of action.  Finally, the Board notes that this file shall remain open in the event that any issues arise as a result of the parties plan of action for this facility, or additional structural or other variances are necessary.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in order to complete the plan of action and to submit the same for review and approval by the Providence Fire Marshal's office.  The Board notes that this file shall remain open in the event that the Applicant or the Providence Fire Marshal's office wish to have the Board address any further issues involved in the renovation and upgrading of 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)].