The above-captioned case was scheduled for hearing on May 12, 2009 at 1:00 P.M.  At that time, Acting Chairman Pearson and Commissioners Dias, Filippi, Jasparro, Jackson, Preiss, Blackburn, Richard and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Silva and Richard Vespia of the Providence Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the subject facility was built in approximately 1880 and is being completely gutted and restored with new electrical, gas and plumbing services.  The Board was further advised and finds that new siding has been applied which is a non-combustible fiber/cement product.  The board was further advised and finds that the facility would be serviced by an addressable master fire alarm system and that the facility is fully sprinklered.
	The Board was further advised and finds that the first floor level is located on grade and has been completely finished and will function as a business occupancy of a neighborhood bar.  The Board was further advised and finds that this first level has both front and rear exits and it contains no commercial cooking facilities.  The Board was further advised and finds that the exterior walls are non-combustible and that all interior bearing walls are to be sheathed in two layers of 5/8 wall board.  The Board was further advised and finds that the ceiling of the commercial space will be composed of two (2) layers of 5/8 wall board separated by  metal strapping and that the ceiling construction terminates into the non-combustible exterior walls.
	The Board was further advised and finds that floors two, three and four are intended in the future to be utilized for residential occupancy and that they will consist of a one-bedroom unit on floor two, and a two-bedroom townhouse apartment comprising floors three and four.  The Board was further advised that these levels are sprinklered and have functioning smoke detectors, heat detectors and pull stations.
	The Board was further advised that funding for the project has been compromised due to the contraction of the commercial lending market, and that the Applicant is requesting to be allowed to utilize the first floor area of this building in order to generate income.  The Board was further advised and finds that the first floor is fully sprinklered and alarmed and that the occupancy is limited to under fifty (50) people.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Providence Fire Marshal's office the authority to approve a temporary certificate of occupancy covering the first floor of this facility in order to allow the Applicant to occupy the first floor while the upper floors are being renovated.  The Board notes that the first floor shall be properly separated from the upper floors and that it shall be further sprinklered and alarmed at the direction and to the satisfaction of the Providence Fire Marshal's office.
	2.  The Board hereby grants the Applicant the ability to cover the smoke detectors on the second, third and fourth floors with plastic bags during construction working hours in order to avoid false alarms generated by dust and other contaminates.  As a condition of this variance, the Board directs that this shall only be allowed during hours of actual occupancy by construction crews on the second, third and fourth floors and that the bags shall be removed when these areas are unoccupied.
	3.  The Board shall maintain this as an open file in the event there are additional clarifications or requests for relief from either the Applicant or the Providence Fire Marshal's 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)].