The above captioned case was scheduled and heard by the Board on December 3, 2002 at 1:0 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Evans, OConnell, Richard, Pearson, Wahlberg and Newbrook 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 Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a preliminary 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 December 3, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the plan review report as its initial findings of fact.  Any modification of the Boards findings such as correction of a deficiency shall be noted herein. 
	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.  A.  The Board hereby grants a variance from the provisions of Section 27-2.2.2.1 and 5-2.1.5.1 in order to allow the Applicant to maintain the cited Unican blocks on doors 511 and 512 which provide access to and egress from Processing Room 513.  In granting this variance, the Board has been advised and directs the Applicant that no detainee shall be maintained in Processing Room 513 for a period greater than four (4) hours and there shall be no overnight occupancy in room 513 and that there shall be an agent assigned directly to a detainee and be responsible for the fire safety of the detainee during any period in which the detainee is located in room 513.  The Board further directs the Applicant to comply with the additional safeguards for this type of occupancy as outlined by the Board in Case No.: 980018 involving the Secret Services witness interrogation room.  Specifically, the Board directs the Applicant to provide it with a letter outlining all of the safeguards it will take to maintain the safety of the detainees located in room 513.  The above letter shall be pre-approved by the Providence Fire Marshal and submitted to the Chairman prior to detainees being processed in room 513. 
	   B.  During the December 3, 2002 hearing on this matter, the Board directed the Applicant to work with the Providence Fire Marshals Office in developing a plan of action for securing the principle entrance/exit door 501.  Specifically, this door may be maintained as a locked door provided that the locking system is deemed to be reasonable by the Providence Fire Marshals Office.  The Board directs the Applicant and the Providence Fire Marshals Office to review the requirements of Section 5-2.1.5.1, with the exception of leaving the door open while the building is occupied, and develop a plan of action based on this standard.  In the event the Applicant and the Providence Fire Marshals Office are able to develop a reasonable plan of action covering this deficiency.  That plan of action shall then be deemed acceptable by the Board.  In the event the Applicant and the Providence Fire Marshals Office are unable to develop an approved plan of action, this file shall remain open and the Applicant and/or the Providence Fire Marshals Office shall be free to request a rehearing on this issue.
	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)].