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 returned to the Board to request additional relief, on December 7, 2004.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Coutu and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Patrick Cull of the State Fire Marshals Office and Fire Chief Joseph Castro of the East Providence Fire Department.  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 its original findings of fact, as outlined in the Decision in file number 020116, as its original findings of fact in this case.  The Board further finds that the Applicant is now requesting relief from HVAC shut down provisions of the Code in order to implement an alternative plan of action for the fire safety of this facility.  The Board finds that the Applicants alternative plan is specifically outlined in a November 5, 2004 letter, from Integrated Design Group Incorporated, addressed to Deputy State Fire Marshal Patrick Cull.  The above correspondence was reviewed by the Board, the Applicant and the Fire Service during the December 7, 2004 hearing on this matter and is specifically incorporated herein, by reference, as part of the Boards additional findings of fact.
	The Board further finds that the Applicant has specifically proposed an alternative to the automatic shutdown of the HVAC system serving the computers in this complex.  The Board further finds that the Applicant proposes to provide the key areas with laser detection that would activate between two to ten minutes quicker than standard smoke detection.  In light of this expedited detection, the Applicant is requesting a delay in the shutdown of the HVAC system.  The Board finds that the Applicant has agreed to allow testing of this system at the direction of the State Fire Marshals Office.  Finally, it is the understanding of the Board that all other fire code deficiencies in this complex 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, shall be understood to mean in accordance with the provisions related to the particular subject as are contained in the state fire code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).
	
CONCLUSIONS AND VARIANCE REQUESTS 
		1.  The Board hereby grants a variance in order to allow the Applicant to implement the alternative plan of action, allowing for approved laser detection, with a delay in the shutdown of the HVAC system, as outlined in the November 5, 2004 letter, from Integrated Design Group Incorporated, to Deputy State Fire Marshal Patrick Cull.  As a condition of this variance, the Board directs the Applicant to test the above system, at the direction and to the satisfaction of the State and East Providence Fire Marshals Offices.  The Board further directs the Applicant to provide any additional safeguards deemed necessary by the State and East Providence Fire Marshals Officer.

STATUS OF DECISION AND APPEAL RIGHTS
	
	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)].