The above-captioned case was scheduled for hearing on May 3, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Evans, Pearson and Filippi were present.  Commissioner Burlingame recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals George Calise and Stephen Moise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby finds that the subject facility is an eight story former hotel with a basement located at 123 Waterman Street on the Brown University campus.  The Board further finds that the building was originally constructed in 1912 and is presently classified as a multiple use occupancy consisting of a non-separated dormitory and apartment uses.  The Board further finds that the building is equipped with a municipally connected fire alarm system, automatic standpipe and sprinkler system with an automatic fire pump, emergency lights and exit signs and portable fire extinguishers.  The Board further finds that there are two (2) remotely located means of egress from this building.  The Board further finds that the two (2) stairs connect floors one through eight and are separated from the main portion of each level.  However, several occupied and unoccupied rooms open into these enclosures at all levels.  The Board further finds that the basement level has two (2) independent means of egress, one at each end of the building.  The Board further finds that there is a small passenger elevator that traverses all floors within the current enclosure of stair S1.  The Board finally finds that as part of its planned upgrades for life safety systems at this facility, the Applicant plans to upgrade the fire alarm system, the automatic sprinkler system as required, and provide additional emergency lighting and exit signs as required.  The Applicant is further planning to enclose the two (2) stairways in this facility with a minimum of one hour fire resistance construction.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance from the provisions of section 7.2.2.4.4.5 to allow the handrail clearance at stairs S1 and S2 to remain at 1½ inches based on structural hardship.
	
2.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1(2) in order to allow the Applicant to maintain the width of the stairs S1 and S2 at below 36 inches once they are enclosed.  This variance is also based on structural hardship.  
	
3.  The Board hereby grants a variance in order to allow the headroom at stairs S1 and S2 to remain in the current condition of approximately 74 inches based on structural hardship.
	
4.  The Board hereby grants a variance from the provisions of section 7.1.5.1.1 to allow the Applicant to maintain the fixtures, mechanical equipment, pipes and other utilities located on the basement corridor ceiling that reduced the exit access corridor room to below 80 inches.  In granting this variance to allow the Applicant to maintain the current condition, on the basis of structural hardship, it is the understanding and direction of the Board that this shall be a normally unoccupied space.
	
5.  The Board hereby grants a variance from the provisions of section 7.2.1.2.3(b) in order to allow the Applicant to maintain the existing height of basement exit doors at the east and west end of the basement at less than 80 inches.  The Board notes that this variance to maintain the existing condition is based on structural hardship in a normally unoccupied space.
	
6.  The Board hereby grants a variance from the provisions of section 29.3.2.1 in order to allow the Applicant to maintain the existing boiler room located adjacent to the exit at the west end of this normally unoccupied space.  Again, this variance is for an existing condition based on structural hardship in a normally unoccupied space.
	
7.  The Board hereby directs the Applicant, as a condition of the variances granted herein, to maintain the sprinkler system of this facility as a required system, at the direction and to the satisfaction of the Providence Fire Marshal’s office and to complete all remaining outstanding issues prior to the next school year at the direction and to the satisfaction of 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 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)].