The above-captioned case was scheduled for hearing on April 15, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Jasparro, Jackson, Filippi and Preiss were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Christopher Moore of the State Fire Marshals Office.  A motion was made by Commissioner Jasparro and seconded by Commissioner Jackson to approve the Applicants plan of action as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the subject facility, Tyler Hall, is located at 9 Greenhouse Road in Kingston.  The Board further finds that this is currently a three-story non-sprinklered building with two wings.  The Board further finds that the east wing was built in 1959 and the west wing was built in 1986.  The Board further finds that alterations were made in 1989 joining the two structures.  The Board further finds that the building is currently utilized as classrooms and academic offices.  The Board further finds that this is maintained as a business occupancy.  The Board further finds that this building contains two (2) separate fire alarm systems.  
	The Board further finds that the University will be renovating Tyler Hall, one floor at a time, over the course of three years.  The Board further finds that Phase One of the plan calls for the merging of the two fire alarm systems and the installation of an automatic sprinkler system on the first floor of the building.  Subsequent sprinkler system extensions to the second floor will be made during Phase Two and to the third floor in Phase Three.  Finally, the Board finds that the project is projected to be completed on or before September 2010.  

CONCLUSIONS AND VARIANCE REQUESTS 
1.  The Board hereby grants the Applicant a time variance in order to make the planned alterations to this facility in accordance with its plan of action consisting of three phases.  Specifically, Phase One would commence on April 15, 2008 and be completed on or before September 1, 2008.  Phase One would involve the removal of the central stairway (with the approval of the State Fire Marshal).  It would further involve the removal of the elevator and the installation of an elevator shaft within the space previously held by the central stairway.  Phase One would further provide for the installation of sprinkler system piping into the first floor and for the merging of the two fire alarm systems into a single system servicing both wings of the building, conditioned upon the State Fire Marshal's approval to remove the central stair.  
	Phase Two would commence on or before April 15, 2009 and be completed on or before September 1, 2009.  Phase Two would provide for the enclosure, above the first floor, of the atrium space located between the east and west wings of the building.  Phase Two would also involve the installation of sprinkler piping throughout the second floor.
	Phase Three would commence on or before April 15, 2010 and be completed on or before September 1, 2010.  Phase Three would involve the installation of sprinkler piping into the third floor, at which time the sprinkler system would become fully functional, servicing the entire building.

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)].