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 Vice Chairman Coutu and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

Pursuant to the Applicant’s letter dated March 23, 2005, the Board was advised and finds that the Hunter Laboratory is an existing four story structure with a full basement.  The Board further finds that the building was originally constructed in 1953 and the facility contains laboratory space, offices, a lecture hall and incidental mechanical and storage space.  The Board further finds that the facility is classified by the Life Safety Code as an existing non-separated mixed use occupancy containing both business and assembly use groups.  The Board further finds that the building is constructed of non-combustible construction with concrete walls and concrete floor/ceiling assemblies.  The Board further finds that all of the concrete block walls in every enclosed space throughout the building extend from the floor to the floor/ceiling assembly above.  The Board further finds that suspended ceilings are located throughout the majority of the common corridors, offices and laboratory spaces.  The Board further finds that there is approximately 38 inches of space between the suspended ceiling and the concrete floor/ceiling assembly, with the exception of the fourth floor, where there is less than 24 inches.  The Board further finds that this facility is provided with a partial automatic sprinkler system and an automatic fire alarm and detection system that transmits directly to the Providence Fire Department via a master box.  The Board further finds that a new addressable fire alarm system will be installed during the 2005 calendar year and that the new fire alarm system will be installed pursuant to the provisions of NFPA 1, 2003 edition chapter 13 as amended.

CONCLUSIONS AND VARIANCE REQUESTS

1.  The Board hereby grants a variance in order to allow the Applicant to omit automatic heat detection above the suspended ceiling areas in the Hunter Laboratory of Psychology.  As a condition of this variance, the Board hereby directs the Applicant to relocate the current detection devices above the ceiling to that area below the ceiling at the direction and to the satisfaction of the Providence Fire Marshal’s office prior to the conclusion of the 2005 calendar year.

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)].