The above-captioned case was scheduled for hearing on March 25, 2008 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Pearson, Blackburn, Richard, Jackson, Preiss, Walker, Jasparro, OConnell and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Steven Lally of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Michael Dillon of the Providence Fire Marshal's Office.  A motion was made by Commissioner Richard and seconded by Commissioners Jackson and Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board incorporates, as its initial findings of fact, the building description outlined in the State Fire Marshal's October 11, 2007 inspection report.  The Board further finds that, with the exception of some minor structural issues, the Applicant is requesting a time variance in order to bring this facility into compliance.  Finally, the Board finds that the above inspection was conducted pursuant to a Department of Health mandate for inspection of these facilities.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board notes that this facility has an active fire alarm system in operational condition.  The Board notes that the Applicant is requesting time to upgrade this facility and to bring the remaining deficiencies into compliance.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans for the correction of the deficiencies outlined in the October 11, 2007 report.  The Board further grants the Applicant an additional 120 days from the above thirty-day period in which to execute those plans, to completely upgrade the fire alarm and other systems within this facility, at the direction and to the satisfaction of the State and Providence Fire Marshal's offices.
	2.  The Board hereby grants a variance from the provisions of sections 39.2.2.3.1 and 7.2.2.3.2.2 in order to allow the Applicant to maintain the existing cited width in the stairs in both towers at the basement and fifth floor of this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the State Fire Marshal's office has no objection.
	3.  The Board hereby grants a variance from the provisions of section 13.8.10.5.2 in order to allow the Applicant to change the manual fire alarm pull stations from single action to double action but to maintain the height of the pull stations at 53.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 13 by providing a letter from the State Fire Marshal's office granting relief from sprinkler coverage in the elevator shaft.

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)].