The above-captioned case was scheduled for hearing on March 10, 2009 at 1:00 P.M. At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jasparro, Walker, Pearson, Filippi and Dias were present.  The fire service was represented by Deputy State Fire Marshal Wade Palazini of the State Fire Marshals Office.  A motion was made by Commissioners Pearson and Newbrook and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

                                    FINDINGS OF FACT
	Based upon the documentation presented, and the testimony taken during the March 10, 2009 hearing, the Board was advised and finds that the Applicant is currently constructing a five (5) story addition to its existing main hospital building. The Board further finds that this will be a one hundred forty thousand (140,000) square foot addition with five (5) elevators, three (3) of which are designated staff and patient elevators and the remaining two (2) are designated visitor elevators. 
	The Board further finds that the Applicant is requesting relief from three (3) sections of the Rhode Island Uniform Fire Code. Specifically, the Board finds that the Applicant is requesting relief from the provisions of section 13.8.9.3.3.2.1 in order to be allowed to modify the announcement for general evacuation. The Board notes that the Applicant has proposed an alternative signaling system of sounding three chimes, then a voice announcement would indicated Code Red, the building zone, floor and description of the area of the event. The Applicant further proposes that the chimes and voice announcement sequence will repeat until silenced by the fire department. 
	The Board further finds that the second request for relief is from the provisions of section 13.8.10.5.14 in order to allow the Applicant to modify the sequence of operations for the elevator interlock with the building fire alarm system.  This would allow critical hospital staff operations to continue during building fire alarms that are not directly associated with Staff Elevators. The Board finds that the Applicants proposed alternative is that alarm activation (with the exception of duct detectors) will initiate recall of only the Public Elevator(s). The Applicant proposes that Staff Elevator(s) will continue normal operation. If the activated detector alarm is on the primary floor of recall, then the elevators will recall to an alternate floor.  
The Board further finds that Applicant is proposing that only a smoke detector in the Staff Elevator Lobby, the Staff Elevator(s) Machine Room(s), or the Staff Elevator(s) Shaft(s) will initiate elevator recall of both the Public and Staff Elevators. The Board further finds that if the detector in alarm is the primary floor of recall then the elevators will recall to the alternative floor. 
	Further, the Board finds that the Applicant is requesting relief from section 13.8.10.5.10 in order to modify the sequence of operations for the air handling units. Specifically, the Board finds that the Applicant proposes that the air handling units shall remain operating during building fire alarms to maintain patient safety by continuing to provide conditioned air and critical room temperature control to the Neonatal Intensive Care Unit patient rooms. The Board further finds that the air handling units will shut down if their respective supply or return duct smoke detectors, located in the unit, are in alarm. Finally, it is the understanding of the Board that all other fire code deficiencies within the proposed addition shall be corrected to the satisfaction of the State Fire Marshals Office  
	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
1.	The Board hereby grants the Applicant the requested relief from the provisions of section 13.8.9.3.3.2.1 in order to allow the Applicant to modify the announcement for general evacuation. The Board approves the Applicants proposed alternative signaling system of sounding three chimes, then a voice announcement indicating Code Red, the building zone, floor and description of the area of the event. The Board further approves the Applicants proposal that the chimes and voice announcement sequence will repeat until silenced by the fire department. The Board notes that the State Fire Marshals Office has no objection to the requested relief.
2.	The Board hereby grants that Applicants second request for relief from the provisions of section 13.8.10.5.14 in order to allow the Applicant to modify the sequence of operations for the elevator interlock with the building fire alarm system.  Specifically, the Applicant shall be allowed to continue critical hospital staff operations during building fire alarms that are not directly associated with Staff Elevators. The Board further approves the Applicants proposed alternative that, upon alarm activation (with the exception of duct detectors) only the Public Elevator(s) will recall. The Staff Elevator(s) will continue in normal operation. However, if the activated detector alarm is on the primary floor of recall, then the elevators will recall to an alternate floor.  
	The Board directs that only smoke detector activation in the Staff Elevator Lobby, the Staff Elevator(s) Machine Room(s), and/or the Staff Elevator(s) Shaft(s) will initiate elevator recall of all Elevators. The Board further directs that if the detector in alarm is the primary floor of recall then the elevators will recall to the alternative floor. The Board notes that the State Fire Marshals Office has no objection to the requested relief.
3.	The Board hereby grants that Applicant relief from section 13.8.10.5.10 in order to modify the sequence of operations for the air handling units. Specifically, the Board approves the Applicants proposal that the air handling units shall remain operating during building fire alarms to maintain patient safety by continuing to provide conditioned air and critical room temperature control to the Neonatal Intensive Care Unit patient rooms. The Board further directs that the air handling units will shut down if their respective supply or return duct smoke detectors, located in the unit, are in alarm. Finally, it is the understanding of the Board that all other fire code deficiencies within the proposed addition shall be corrected to the satisfaction of the State Fire Marshals Office and that the State Fire Marshals Office has no objection to the requested 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 Applicants 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 Boards 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 Boards 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)].