The above-captioned case was scheduled for hearing on June 9, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Jackson, Preiss, Walker, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Richard and Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the subject facility is the Rockefeller Library located at 10 Prospect Street.  The Board finds that this is an existing building with six (6) stories above grade (including a mechanical penthouse).  The Board further finds that this building has three (3) stories below grade with an approximate area of 205,000 square feet.  The Board finds that the building is of non-combustible concrete construction which most closely resembles Type 1 (332) construction per the RI Life Safety Code, and is accordingly classified as such.
	The Board finds that the library building is classified as an existing place of assembly pursuant to RI Life Safety Code chapter 13.  The Board finds that the occupancy load of the building exceeds three hundred (300) persons and therefore RI Life Safety Code section 13.3.5.1.1 requires the building to be protected throughout by an approved automatic fire sprinkler system.  The Board further finds that the existing municipally connected fire alarm service to the building is connected through master box 671.  The Board further finds that the fire alarm system includes manual pull stations, smoke detection, heat detection and air handling shut down.
	The Board notes that its above findings were drawn from a revised March 23, 2009 variance request report compiled by Hughes Associates for the Applicant.  The Board further finds that the above report notes that the applicant is requesting a time variance for the installation of the fire alarm and sprinkler systems of this facility in three phases and that the report further requests relief for an existing stair that connects three (3) stories of this building.  It is the understanding of the Board that all other deficiencies in this facility have been corrected by the Applicant.
	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 the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  With regard to the Applicants requested time extension for the installation of a fire alarm system and sprinkler system, the Board hereby grants the Applicant the following modified time extension which corresponds to the numbering system as outlined in the revised March 23, 2009 variance request report.  
	Section A1.  The Board hereby grants the Applicant a time variance until September 15, 2011 in order to correct deficiency A1 by installing a new municipally connected fire alarm system in accordance with RI Life Safety Code 13.3.4.1.2 throughout this entire building.  The Board notes that the fire alarm system design is to be based on a building fully protected by an approved supervised automatic sprinkler system.  The Board further notes that the existing automatic detection currently provided shall remain in place until those areas are protected by full sprinkler coverage.
	A2-A7.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop and submit plans for the implementation of the remaining Phase I items (A2, A3, A4, A5, A6 and A7) at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board further grants the Applicant an additional 120 days in order to implement the above plan at the direction and to the satisfaction of the Providence Fire Marshal's office.  Finally, the Board hereby grants the Providence Fire Marshal's office the ability to extend the above deadlines for good faith efforts being shown by the Applicant.
	B1-B2.  The Board hereby grants the Applicant a time variance until January 15, 2015 in order to implement Phase II of the plan as outlined in sections B1 and B2 of the revised March 23, 2009 variance request report.  In granting this time, the Board notes that this coverage is not required but is being installed as a condition of the Phase I activity.
	C1.  The Board hereby grants the Applicant a time variance until January 15, 2019 in order to complete Phase III of the plan at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board further notes that the proposed system in Phase III is also not required but is being installed as a condition of the Phase I compliance.
	2.  The Board hereby grants a variance from the provisions of section 8.6.8.1 and its referenced standards in order to allow the Applicant to maintain an existing three-story stairway that is not part of the required egress system in accordance with the Applicants plan of action for the upgrade of that stairway as outlined in the revised March 23, 2009 variance request report.  The Board notes that this stairway would be further protected with the proposed sprinkler coverage and that since the stairs are not a means of egress, the Providence Fire Marshal's office has no objection.


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)].