The above-captioned case was scheduled for hearing on August 16, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners, Newbrook, Preiss, O’Connell, Pearson and Filippi were present.  Commissioners Burlingame and Blackburn recused themselves from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board has been advised and finds that Minden Hall is an eight story former hotel with basement located at 123 Waterman Street on the Brown University campus in the city of Providence.  The Board was further advised and finds that the building was originally constructed in 1912 and is presently classified as a multiple use occupancy consisting of non-segregated dormitory and apartment uses.  The Board was further advised and finds that the building is equipped with a municipally connected fire alarm system, automatic standpipe and sprinkler system along with an automatic fire pump, emergency lights and exit signs and portable fire extinguishers.  The Board was further advised and finds that there is also a small passenger elevator that traverses all floors.

The Board was further advised and finds that this facility is currently undergoing a fire code upgrade project.  The project consists of installing a new analog addressable fire alarm system, reconstructing the two stair towers to provide exit enclosures in accordance with provisions of Rhode Island Life Safety Code 7.1.3.2.1, replacing all existing standard response sprinklers with quick response sprinkler heads, and installing new exit signage and emergency lighting along with corridor doors with approved self-closing devices.  The Applicant has presented the Board with three (3) variance requests.  It is the understanding of the Board that all other fire code deficiencies within this facility shall be corrected by the Applicant.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance from the provisions of section 7.1.5.1 in order to allow the Applicant to maintain headroom at the doors in the common bathrooms at less than eighty (80”) inches.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the current condition is approximately seventy-one (71”) inches.
	
2.  The Board hereby grants a variance from the provisions of section 7.1.5.1.1. in order to allow the Applicant to maintain the existing ceiling height in the common bathrooms at less than eighty-four (84”) inches.  In granting this variance, it is the understanding of the Board that the current condition is approximately seventy-seven (77”) inches.
	
3.  The Board hereby grants a variance from the provisions of NFPA 13, 2002 Edition, section 8.7.4.1.2.2 in order to allow the Applicant to maintain the current location of the existing side wall sprinklers within this facility.  Specifically, the sprinklers are located in excess of six (6”) inches off the wall and are approximately between six and eight inches.  This variance is granted pursuant to the existing placement of the sprinkler piping and the fact that the Applicant has upgraded this facility with quick response heads.

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)].