The above-captioned case was originally scheduled for hearing on June 4, 2002 at 1:00 P.M.  At that time several variances were granted.  The Applicant then returned to the Board to request additional relief on December 7, 2004.  At that time an additional variance was granted in order to allow the Applicant to implement an alternative plan of action allowing for approved laser detection with a delay in the shut-down of the HVAC system of the new data center then under construction.  The Applicant has now returned to request that this relief be extended to the existing data center at 115 Tripps Lane.  This most recent request for relief was scheduled for hearing on July 26, 2005 at 1:00 PM.  At that time, Acting Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Pearson, OConnell and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Curtis Wise of the East Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact as outlined in the decisions in file numbers 020116 and 020116A, as its original findings of fact in this case.  The Board further finds that the Applicant was allowed to implement an alternative plan of action for the shut down of the HVAC system in the newly created data center for this facility.  The Board further finds that the Applicant has now returned to request the same relief for the existing data collection center for this facility.  Finally, it is the understanding of the Board that all other fire code deficiencies in this facility have been corrected by the Applicant.
	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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby extends its original variance allowing the Applicant to implement an alternative plan of action allowing for approved laser detection with a delay in shut down of the HVAC system to the existing data center within this complex.  The above alternative plan of action shall be implemented at the direction and to the satisfaction of the East Providence Fire Marshals office in accordance with the guidelines as outlined in the November 5, 2004 letter from Integrated Design Group, Inc.  

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)].