The above-captioned case was originally scheduled for hearing on September 1, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Preiss, Jasparro, Dias, Walker and Jackson were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshals Office.  At that time, the Board assigned this case for review by an onsite subcommittee scheduled for Tuesday, September 8, 2009.
	The September 8, 2009 on-site subcommittee commenced at 11:30 AM.  Commissioners Dias, Jasparro and Preiss, along with the Executive Director, were present and toured all of those areas of the facility where relief had been requested.  The subcommittee recommendations were thereupon presented to the full Board during its September 15, 2009 meeting.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Preiss, Jasparro, Walker and Dias were present.  Commissioner Blackburn re-affirmed his original recusal from this case.  A motion to accept the subcommittee recommendations, and grant the requested relief as outlined herein, was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro.  The motion was unanimous.

FINDINGS OF FACT
During the September 1, 8 and 15 proceedings on this matter, the Board members had before them a revised (August 31, 2009) variance request document prepared and submitted by the Applicants engineer.  This eight (8) page revised Request for Variance report consisted of a five (5) page outline and a three (3) page Appendix A summarizing the requested relief.  The above report was utilized by the Board, the Applicant and the fire service throughout the above proceedings in this case.  Accordingly, the Board hereby adopts the above-referenced revised (August 31, 2009) Request for Variance document as its initial findings of fact.  Any modification of the Boards findings shall be noted herein. 
	In light of the above-referenced variance request document, the Board specifically finds that this facility is an existing building, built in 1927.  The Board further finds that the building has a total of thirty-five (35) stories.  The Board finds that thirty-three (33) of the stories are above grade and that two (2) stories are below grade. 
	The Board further finds that the first floor of the building consists of office space and a main banking area.  The Board further finds that floors 1M (Mezzanine) through 26 are utilized primarily as office space, with the exception of floor 25, which is utilized as a place of assembly.  The Board further finds that floors 27 through 31 contain mechanical equipment and building utilities.  The Board further finds that the lower bank level is utilized primarily as office space.  The Board finds that the safe deposit level consists of the main vault, a fitness center, storage space and the boiler room. 
	The Board further finds that the building is classified as a mixed use building consisting of both business use and assembly use.  The Board further finds that the building is classified as a high-rise building by the Rhode Island Fire Safety Code.  Finally, the Board finds that the building is equipped with an automatic fire alarm system and an automatic sprinkler system. 

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a time variance in order to allow the Applicant to complete the fire code upgrade project of bringing this building into compliance with the Rhode Island Fire Safety Code on or before September 30, 2011 in accordance with the plan of action developed by the Applicant and reviewed by the Providence Fire Marshals Office.  In granting this time variance, the Board notes that the Providence Fire Marshals Office has no objection. 
2.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing egress (single exits) on floors 27 through 31 of this facility.  As a condition of this relief, the Board directs the Applicant to maintain the current limited mechanical and limited storage use of these levels.  The Board further notes that, due to the buildings design, these generally unoccupied upper levels are also substantially smaller than the lower occupied levels of this facility.  Finally, the Board notes that the Providence Fire Marshals Office has no objection based on structural hardship.
3.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing means of egress configuration on floors 4 through 26 with the egress modifications, proposed by the Applicant, as outlined herein.  Specifically, the Board approves the Applicants plan to construct two-hour fire resistance rated exit passageways on floors 4 through 15 to reduce the common path of travel to less than 100 feet, and to further increase the distance between the entrance of each exit on each floor.  The Board further grants a time variance to allow the Applicant to construct the above exit passageways, on each floor, when that floor is renovated.  Finally, the Board approves the Applicants plan to construct exit passageways on the first floor from the exit stairways directly to the outside.  The Board notes that the exit passageway on the first floor will be constructed during the initial fire code upgrade project. 
4.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing normally unoccupied spaces within the exit enclosure provided that doors having a minimum fire resistance rating of ninety-minutes, with self-closing and latching hardware, are installed in each location.  As a further condition of this relief, the Board directs that all storage, including janitorial supplies, will be removed from these rooms. Finally, the Board directs the Applicant to secure all of the above spaces at the direction and to the satisfaction of the Providence Fire Marshals Office. 
5.	The Board hereby grants the Providence Fire Marshals Office the authority to approve a new emergency command center with a minimum dimension of less than eight (8) feet and/or with a total square footage of less than ninety-six (96) square feet taking into account the potential structural hardship involved in retrofitting this emergency command center into an existing building.   Specifically, the Applicant shall work closely with the Providence Fire Marshals Office in the development of the new emergency command center.  If the Providence Fire Marshals Office is satisfied with the final design of the emergency command center, the Board shall be satisfied.  
6.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing means of egress clear width in those limited locations where the clear width is reduced to less than twenty-eight inches.  In granting this relief, the Board notes that the Providence Fire Marshals Office has no objection based on structural hardship and the limited occupancy of these areas. 
7.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing stair guards throughout this facility.  In granting this relief, the Board notes that the Providence Fire Marshals Office has no objection based on structural hardship. 
8.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing elevation changes throughout this facility.  In granting this relief, the Board notes that the Providence Fire Marshals Office has no objection based on structural hardship. 
9.	The Board hereby grants a variance in order to allow the Applicant to develop a plan of action, with the Providence Fire Marshals Office, for the separation of the emergency generators from the rest of the building, with a ninety-minute door and any additional construction approved by the Providence Fire Marshals Office.  The Board notes that above separation construction does not need to be an official rated assembly.  Rather, it may simply consist of substantial construction approved by the Providence Fire Marshals Office.  The Board further understands and directs that the Applicant shall work with the Providence Fire Marshals Office and properly seal all penetrations in the room to the extent determined to be feasible by the Providence Fire Marshals Office.  
10.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing headroom throughout this facility.  In granting this relief, the Board notes there are a few areas of limited occupancy where the headroom is less than eighty (80) inches and that the Providence Fire Marshals Office has no objection based on structural hardship. 
11.	The Board hereby grants a variance in order to allow the Applicant to maintain those areas where landings are not provided on each side of door openings throughout this facility.  In granting this relief, the Board notes that the Providence Fire Marshals Office has no objection based on structural hardship. 
12.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing fire escape ladder on the 31st floor that constitutes the sole access and egress from the lighting in the tower of this facility.  In granting this relief, the Board notes that the Providence Fire Marshals Office has no objection based on structural hardship and extremely limited use of this area. 
13.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing non-compliant sway bracing and not to provide the existing sprinkler system, throughout this facility, with sway bracing that conforms to current NFPA 13 standards. In granting this relief, the Board notes that the building itself is not designed for seismic loads and that the Providence Fire Marshals Office has no objection to this relief also based on the fact that the building itself has not been designed for seismic loads.
14.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing utilities (electrical and steam piping) to remain located within the exit enclosures throughout this facility.  In granting this relief, the Board notes that the Providence Fire Marshals Office has no objection based on structural hardship. 
15.	The Board hereby grants a variance in order to allow the Applicant to maintain an existing elevator which opens directly to the exit stair enclosure on the safe deposit level of this facility.  In granting this relief, the Board notes that the Providence Fire Marshals Office has no objection based on structural hardship. 
16.	The Board hereby grants a variance in order to allow the Applicant to maintain the two (2) existing stairwell doors that do not swing in the direction of egress travel.  In granting this relief, the Board notes that, if the Applicant were to reverse the swing of these doors, the means of egress would be substantially obstructed.  The Board further notes that the Providence Fire Marshals Office has no objection based on structural hardship.
17.	The Board hereby grants a variance in order to allow the Applicant to maintain the two (2) existing stairwell doors that swing in the direction of egress but project more than seven (7) inches into the required means of egress.  In granting this relief, the Board notes that the Providence Fire Marshals Office has no objection based on structural hardship. 
18.	The Board notes that the Providence Fire Marshals Office shall have the authority to extend any of the above timelines for compliance in light of good faith efforts being made by the Applicant.  The Board shall further maintain this file as an open file in the event that the parties need to address any other issues prior to the completion of this project.  

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 subcommittee recommended Decision, within thirty (30) days of the mailing date of this Decision, by filing an appeal to the full Board for review pursuant to RIGL 23-28.3-5(b)(4). In the absence of a timely appeal, the above subcommittee recommended Decision shall have the status of a full Board Decision.