The above-captioned case was originally scheduled for hearing on April 27, 2004.  At that time the Applicant was directed to develop a plan of action and return to the Board.  The case was most recently rescheduled for August 31, 2004.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts the finding of the Providence Fire Marshals Office in a February 23, 2004 plan review report as its initial findings of fact in this case.  The Board further finds that the Applicant has planned to undertake renovation of the tenth floor of this facility and that, with the exception of the issue of the available pressure for a sprinkler system, the facility shall be in full compliance with the state fire code.  The Board further finds that the occupied portions of this facility shall be sprinklered and that the unoccupied portions are unsprinklered but will be sprinklered as the space becomes re-occupied.  The Applicant has executed its sprinkler plan on the tenth floor of this facility and has requested time to sprinkler the eleventh and twelfth floors of this facility.  Specifically, the Applicant shall fully sprinkler the eleventh and twelfth floors of this facility by September 1, 2005.  It is the understanding of the Board that all other fire code deficiencies shall be corrected by the Applicant.

CONCLUSIONS AND VARIANCE REQUESTS 
	It is the understanding of the Board that the Applicant shall provide this facility with a sprinkler system having water pressure satisfactory to the Providence Fire Marshals Office.  The Board hereby grants the Applicant a time variance until September 1, 2005 in order to extend the sprinkler coverage to the eleventh and twelfth floors of this facility at the direction and to the satisfaction of the Providence Fire Marshals Office.

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)].