The above-captioned cased was originally scheduled for hearing on March 15, 2005 at 1:00 P.M.  At that time a motion was made to grant the Applicant a time variance in order to develop an approved plan of action.  A second motion, approving installation of certain draperies and upholstered chairs in the State Room, was made by Commissioner Newbrook and seconded by Commissioner Evans.  Both motions passed unanimously.

The above-captioned case was most recently scheduled for hearing on June 14, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Pearson, Burlingame, and Filippi were present.  The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Dennis McGarty of the State Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The letters and numbers of the Decision below correspond with those of the recommendations section and the response to deficiency items section as outlined on a June 14, 2005 action plan prepared by the Applicant after consultation with the State Fire Marshal’s office.  Accordingly, the Board hereby incorporates the June 14, 2005 action plan as its initial 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, is 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”.

CONCLUSIONS AND VARIANCE REQUESTS
RECOMMENDATIONS
	
a.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in which to extend the fire alarm system throughout the building in order to augment the existing system at the direction and to the satisfaction of the State Fire Marshal’s office.  The Board hereby grants a variance in order to allow the Applicant to eliminate the horn strobe device within the State Reception Room of this facility.  As a condition of this variance, the Board directs the Applicant to maintain the doors of the State Reception Room open at all times during any function.  The Board further directs the Applicant to work with the State Fire Marshal’s office to assure that the proper decibel level is maintained outside of the State Reception Room.
	
b.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in order to extend the emergency lighting coverage throughout this facility, at the direction and to the satisfaction of the State Fire Marshal’s office.  The Board notes that the Applicant currently has partial emergency lighting utilizing existing fixtures within this facility.
	
c.  The Board hereby grants the Applicant a time variance of six (6) months in order to complete a study relating to the installation of fire dampers at all new duct penetrations and sealing the existing openings to the former air shafts and plenums in electrical rooms where possible to provide approved compartmentalization.  The Board hereby grants the Applicant an additional six (6) months to complete this work, at the direction and to the satisfaction of the State Fire Marshal’s office once the study has been completed.
	
d.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in which to upgrade the exit signage within this facility as part of the fire alarm package for this facility.  
	
e.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in order to complete the study and design of the proposed modifications to the main entrance doors and other egress doors leading from this facility.  The Board hereby grants the Applicant an additional three (3) months in which to provide the above doors with the necessary modifications and complete this phase of the project.  Accordingly, the Applicant shall have a total of nine (9) months in which to study, design and correct the swing of those doors deemed necessary by the State Fire Marshal’s office.
	
f.  The Board hereby grants the State Fire Marshal’s office the authority to grant dimensional relief with regard to the cited handrails throughout this facility.  The Board further grants the Applicant a time variance of six (6) months in order to correct whatever deficiencies are deemed necessary to the hand rails, at the direction and to the satisfaction of the State Fire Marshal’s office.
	
g.  The Board hereby directs the Applicant to correct item “g” by providing this facility’s occupants with fire drills, improved operations and the maintenance of the fire protection systems at the direction and to the satisfaction of the State Fire Marshal’s office on an ongoing basis.
	
h.  During the June 14, 2005 hearing on this matter, the Board was advised that the Applicant and the State Fire Marshal’s office had agreed to the hiring of a specialist consultant to evaluate and/or model the effectiveness of the stair enclosures and atrium enclosure relative to other alternatives such as compartmentalization, full sprinkler coverage and/or the introduction of ventilation/exhaust systems.  In light of the Applicant’s agreement with the Marshal on an approved third party consultant, the Board hereby grants the Applicant a time variance of six (6) months from the date of this decision to complete the consultant’s study.  The Board hereby maintains this file open in order to allow the Applicant to return to the Board to request additional time frames for the implementation of the selected option.  

RESPONSE TO DEFICIENCY ITEMS
	
1.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in order to correct deficiency #1 by providing emergency lighting in the access corridors of this facility.
	
2.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in order to correct deficiency #2 by providing emergency lighting in the assembly areas of this facility.
	
3.  It is the understanding of the Board that the Applicant has corrected deficiency #3 and has provided the spare sprinkler heads requested by the State Fire Marshal’s office.
	
4.  It is the understanding of the Board that the Applicant has corrected deficiency #4 and provided the missing sprinkler wrench requested by the State Fire Marshal’s office.
	
5.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in order to correct deficiency #5 by powering the fire alarm system in Room 334. 
	
6.  As outlined in item “h” above, the Board grants the Applicant a time variance of six (6) months to have the specialist consultant, previously approved by the State Fire Marshal’s office, complete his study and return to the Board for time frames of implementation.
	
7.  The Board hereby directs the Applicant to correct deficiency #7 as outlined in item “f” above.
	
8-10.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in order to allow the Applicant to temporarily maintain the conditions outlined in items 8, 9 and 10 pending completion of the study outlined in item “h” above.  Upon completion of this study, the Board directs the Applicant to include in its plan of action proposals addressing the conditions outlined in items 8, 9 and 10.
	
11.  It is the understanding of the Board that the Applicant has corrected deficiency #11 and that all of the fire extinguishers in this facility are now properly serviced.
	
12.  It is the understanding of the Board that the Applicant has corrected deficiency #12 and that the fire extinguisher in the library archives is currently up to date.
	
13.  It is the understanding of the Board that the Applicant has corrected deficiency #13 by removing the cited hazard at the exit door on the west side.  
	
14.  It is the understanding of the Board that the Applicant has corrected deficiency #14 by removing the sprinkler head obstructions to the satisfaction of the State Fire Marshal’s office. 
	
15.  It is the understanding of the Board that the Applicant has corrected deficiency #15 by removing the cited obstructions at the electrical panels to the satisfaction of the State Fire Marshal’s office.
	
16.  It is the understanding of the Board that the Applicant has corrected deficiency #16, as it relates to the electrical charging equipment in room 137, at the direction and to the satisfaction of the State Fire Marshal’s office.
	
17.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in order to provide approved fire stopping in the electrical rooms and closets of this facility.
	
18.  The Board hereby directs the Applicant to correct deficiency #18 by providing the print shop walls with an approved finish, installed at the direction and to the satisfaction of  the State Fire Marshal’s office, within sixty (60) days from the date of this decision.
	
19.  It is the understanding of the Board that the Applicant has corrected deficiency #19 by providing an approved second means of egress from the House Finance Committee assembly room and that the second means of egress is currently in compliance with the code.
	
20.  During the June 14, 2005 hearing on this matter, the Board was advised that the exit door from the Finance Committee room was blocked by drapes.  The Applicant advised that he would probably have the drapes removed.  However, the Board directed the Applicant to work with the State Fire Marshal’s office to address this deficiency.  Specifically, if the Applicant and the State Fire Marshal’s office are able to address this deficiency in a manner acceptable to both sides, the Board hereby grants the State Fire Marshal’s office the authority to approve such a proposed solution.
	
21.  It is the understanding of the Board that the Applicant has corrected deficiency #21 by prohibiting smoking in the building and installing “No Smoking” signs throughout.
	
22.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in order to provide approved smoke and heat detectors throughout this facility as part of the new fire alarm system.
	
23.  It is the understanding of the Board that deficiency #23 addresses a supplemental spiral stairs that is not part of the egress system of this facility.
	
24.  As outlined in item “h” above, the Board hereby grants the Applicant a time variance of six (6) months to maintain the cited condition until a full plan of action is developed for this area of this facility.  The Board hereby directs the Applicant to submit, as part of the plan of action for this facility, a plan addressing either the enclosure or other fire protection of the Rotunda, acceptable to the State Fire Marshal’s office.
	
25.  The Board hereby directs the Applicant to correct deficiency #25 by conducting and documenting the fire drills within this facility.  The Board directs the Applicant to commence the above fire drills in July.
	
26.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in order to provide the fire alarm system with an approved drill switch, installed at the direction and to the satisfaction of  the State Fire Marshal or designee.  
	
27.  The Board hereby directs the Applicant to correct deficiency #27 at the direction and to the satisfaction of the State Fire Marshal’s office within a timetable established by that office.
	
28.  It is the understanding of the Board that the Applicant has corrected deficiency #28 with regard to the wiring and the lighting in the sub-basement of this facility.
	
29.  It is the understanding of the Board that the Applicant has corrected deficiency # 29 by repairing the cited exit light in the radiological room.
	
30.  It is the understanding of the Board that the Applicant has corrected deficiency #30 by providing the main electrical room with an approved rated door.
	
31.  The Board hereby directs the Applicant to correct item #31 as part of its plan of action as outlined in item “h” above.
	
32.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in order to correct deficiency #32 by providing the missing fire stopping at the wall pipe penetrations in the sub-basement of this facility.

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)].