The above-captioned case was originally scheduled for hearing on March 8, 2005 at 1:00 P.M. It was thereupon rescheduled to March 15, 2005, at 1:00 P.M., in order to provide the parties with an opportunity to work together in the development of a comprehensive plan of action. At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Coutu, Filippi, Evans and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Fire Marshal’s Office along with, the plan review consultant for the Pawtucket Fire Marshal’s Office, Timothy Hawthorne.  An initial motion, to allow the Pawtucket Fire Marshal’s Office to utilize the latest edition of NFPA Standard 914 (Fire Protection for Historic Structures), was made by Commissioner Newbrook and seconded by Commissioner Preiss. This motion was made pursuant to the recommendation of the Pawtucket Fire Marshal’s plan review consultant.  The initial motion was unanimous. At the end of the hearing, a second motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant the remaining relief as outlined herein.  The second motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	
Based upon the record of this case, and the documents presented, the Board finds that the Pawtucket Armory was constructed in 1895. The Board further finds that it was utilized for military operations, and training, until it was vacated by the Rhode Island National Guard in 1993. The Board finds that the “Pawtucket Armory Association”, a non-profit organization was formed and purchased the building. The Board finds that the above Association plans to convert the facility into several occupancies including a performing arts and related educational functions occupancy. 
	
The Board finds that Phase One of this project has been completed with the conversion of the Armory Annex into the Gamm Theatre. The Board finds that this building is not connected to the Armory and that its functions are unrelated to the proposed occupancy for the “Castle Building” or the main building in this complex.
	
The Board finds that the Applicant is currently in Phase II of its project. Phase II involves the conversion of a portion of the “Castle Building” and a portion of the basement of the drill hall into a mixed use occupancy, including classrooms on the upper two floors for the Pawtucket Arts High School and ancillary business, retail and storage functions on the main floor and lower level. 
	
The Board finds that the Applicant has proposed significant fire protection improvements to this existing historic structure. Specifically, the Board finds that the building shall be protected by a new municipally-connected fire alarm system. The Board further finds that the Applicant shall provide a new sprinkler system that would also include sprinkler coverage on both levels of the Drill Hall. The Board further finds that the Applicant shall provide a new electrical system, new exit signs and new emergency lighting. The Board further finds that the Applicant shall provide this facility with a new HVAC system. 
	
The Board further finds that the Applicant shall provide a new two-hour-fire-rated stair tower serving all four levels as a second means of egress. The Applicant shall further enclose the existing stair hall, on all levels, to create a smoke-proof enclosure. As outlined below, the Board finds that the Applicant shall further work closely with the Pawtucket Fire Marshal’s Office to enhance the current fire resistance of the walls in the existing main stairway of this facility.   
	
The Board finds that the Applicant shall provide an approved Class A finish on all wood wainscoting in the existing stair hall and central corridor on the first floor. The Board further finds that the Applicant shall provide this facility with a new elevator in a two-hour-rated shaft and that the Applicant shall also provide new fire extinguishing equipment throughout the complex.
	
The numbers of the Decision below correspond with those of a December 11, 2004 plan review report compiled by the Pawtucket Fire Marshal’s Office and a February 1, 2005 response to these deficiencies by the Applicant’s representative.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshal’s Office during the March 15, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the December 11, 2004 plan review report as its supplemental findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, 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, shall be understood to mean “in accordance with the specific provisions related to the particular subject as are contained in this code, or as approved in particular by the state fire marshal or his or her designee.”

CONCLUSIONS AND VARIANCE REQUESTS

Requested use of NFPA Standard 914 (Fire Protection for Historic Structures) 

1.  The Board hereby grants a variance to allow the Pawtucket Fire Marshal’s Office to utilize the latest edition of NFPA Standard 914 (Fire Protection for Historic Structures), in conducting the plan review on this project. Specifically, if the above standard allows for the discretion of the Authority Having Jurisdiction, in this case the Pawtucket Fire Marshal, and his consultant, is authorized to exercise that discretion. This variance was granted pursuant to the recommendation of the Pawtucket Fire Marshal’s plan review consultant.  

Plan Review Items:

1. – 8.  It is the understanding and direction of the Board that the Applicant shall correct deficiencies 1, 2, 3, 4, 5, 6, 7 & 8, at the direction and to the satisfaction of the Pawtucket Fire Marshal before the permanent occupancy of this facility.

9.  The Board hereby grants a variance from the provisions of section 7.5.4.1, which requires two assessable means of egress in other than existing buildings, in order to allow the Applicant to provide one assessable means of egress in this existing structure. In granting this variance the Board relies upon the NFPA 101 Life Safety Code standards for existing buildings that only require a single assessable means of egress. The Board further notes the structural hardship to the Applicant, in providing a second assessable means of egress,  due to existing grades, elevations and structural elements of the historic “Castle Building”.

10. – 14. It is the understanding and direction of the Board that the Applicant shall correct deficiencies 10, 11, 12, 13 & 14, at the direction and to the satisfaction of the Pawtucket Fire Marshal, before the permanent occupancy of this facility.

15.  The Board hereby grants a variance from the provisions of section 7.5.1.3.3 in order to allow the Applicant to maintain the existing remoteness between the exits of this facility. In granting this variance, on the basis of structural hardship, the Board notes that the current remoteness of the exits complies with the State Building Code and its underlying national standard the International Building Code.

16. & 17.  It is the understanding and direction of the Board that the Applicant shall correct deficiencies 16 and 17 at the direction and to the satisfaction of the Pawtucket Fire Marshal before the permanent occupancy of this facility.

18.  The Board hereby grants a variance in order to allow the Applicant to upgrade the construction of, and provide a smoke enclosure for, the existing double staircase at the direction and to the satisfaction of the Pawtucket Fire Marshal’s Office. 
In granting this variance, the Board further directs the Applicant to modify the NFPA sprinkler system, at the direction of the Pawtucket Fire Marshal, in order to further protect all transoms and window assemblies in this area. The Board further directs the Applicant to provide communication devices in designated classrooms that shall become areas of refuge. The Board further directs the Applicant to provide additional sprinkler coverage in both stairwells and to further provide double 5/8ths sheetrock on the classroom side of the stairway wall at the direction and to the satisfaction of the Pawtucket Fire Marshal’s Office. Further, the Board grants relief in order to allow the Applicant to maintain the existing floor levels at the front door of this facility. The above relief is granted as an approved fire safety plan of action with additional safeguards.

19.  It is the understanding and direction of the Board that the Applicant shall correct deficiency 19 at the direction and to the satisfaction of the Pawtucket Fire Marshal before the permanent occupancy of this facility.

20.  The Board hereby maintains this file as an open file in case either the Applicant or the Pawtucket Fire Marshal’s Office has any questions or needs to request additional relief.

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 Applicant’s 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 Board’s 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 Board’s 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)].