The above captioned case was scheduled for hearing on September 24, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Coutu, Richard, Filippi, Wahlberg, Preiss and Pearson were present.  The fire service was represented by the Providence Fire Marshals Office.  An initial motion, related to item 4(b) and addressing the zoning of the sprinkler system of this facility was made by Commissioner Pearson and seconded by Commissioner Coutu.  This motion was unanimous.  A second motion, to allow for a temporary certificate of occupancy to be issued and an additional sixty (60) days in which to correct the remaining deficiencies was made by Commissioner Wahlberg and seconded by Commissioner Newbrook.  This motion was also unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 19, 2002 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the September 24, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the September 19, 2002 plan review report as its initial findings of fact.
	Any deficiency, understood by the Board, to have been corrected which is not so corrected shall be immediately corrected by the Applicant.  The term approved as used herein is defined in Section 23-28.1-4(3) of the Rhode Island General Laws.
	
CONCLUSIONS AND VARIANCE REQUESTS 
1.	The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this Decision in which to correct deficiencies 1A and 1B.
2.	The Board hereby directs the Applicant to immediately correct deficiency 2 by providing this facility with approved premise identification at the direction and to the satisfaction of the Providence Fire Marshals Office.
3.	The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this Decision in which to properly install the local fire escape system throughout this facility.
4.	A.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this Decision in which to provide the sprinkler system with approved flow switches, installed at the direction and to the satisfaction of the Providence Fire Marshals Office.
	B.  The Board hereby grants a variance from the provisions of Section 8-10.5.5 in order to allow the Applicant relief from zoning the sprinkler system of this facility in accordance with the fire alarm zones.  In granting this variance, it is the understanding of the Board that the Applicant shall provide an approved flow switch or switches which will activate the fire alarm system in the event of activation of the sprinkler system.  The above switch or switches shall be installed at the direction and to the satisfaction of the Providence Fire Marshals Office, within sixty (60) days from the date of this Decision.
	C.  The Board hereby grants a variance from the provisions of Section 8-10.5.5 in order to allow the Applicant not to zone the sprinkler system of this facility in accordance with the zones of the fire alarm system.  In granting this variance, the Board notes that the installation of the above flow switch or flow switches will be sufficient in notifying the occupants of this facility that the sprinkler system has been activated.
5.	In light of the Applicants agreed upon compliance with the above conditions, the Board notes that the Providence Fire Marshals Office is free to grant a temporary certificate of occupancy for this facility.

	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.  
	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.   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.  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.  
	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)].