The above-captioned case was scheduled for hearing on September 16, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Blackburn, Richard, Preiss, Jasparro, Walker, Pearson, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.

FINDINGS OF FACT
	During the September 16, 2008 hearing on this matter, the Board was advised and finds that this facility was previously before it and that the second floor of the facility had previously been utilized as a nightclub.  The Board was further advised and finds that now the Applicant is still maintaining an assembly occupancy on the second floor, however the Applicant is utilizing this area for educational and meeting rooms, thereby substantially reducing the hazard.  The Board was further advised and finds that the second floor assembly occupancy would egress through the first floor mercantile occupancy of this facility.  The Board was further advised and finds that this facility is fully sprinklered and has an approved fire alarm system along with emergency egress lighting.  The Board further finds that currently there is no fire separation between the first and second floor and that the means of egress for the second floor is through two (2) non-conforming stairs and through one change of occupancy (mercantile).
	As a condition of the requested relief, the Applicant had proposed the creation of occupancy separation smoke enclosures at the second floor stair levels and fire separation of the kitchen occupancy from the exhibit space occupancy.  The Board further finds that the Applicant has requested additional relief including the use of the worship exception for the kitchen of this facility (less than two (2) hours a week on average).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In light of the above limitation of the occupancy of the second floor along with the installation of fire alarm and sprinkler coverage throughout this facility, the Board hereby allow the Applicant to continue to utilize the non-conforming stairs to serve as primary means of egress from the second floor occupancy of this facility.  Specifically, as outlined in the original relief granted, the Applicant may maintain winding stairs from the classroom/meeting room space that passes through the mercantile area on the first floor.  This relief is granted pursuant to the historical nature of this facility as a national historical museum.
	2.  The Board hereby grants a variance in order to allow the stair hall vestibules with full immersion wall heads at the stairwell glass enclosures to serve as adequate separation from the second floor occupancy to the first floor retail occupancy.
	3.  The Board hereby grants relief in order to allow for the continued use of the passageway through the first floor retail space as part of the second floor means of egress.  This relief is continued on the basis of historical hardship and is further conditioned upon the Applicant maintaining the required exit width of the corridor leading to the mercantile space, at the direction and to the satisfaction of the Pawtucket Fire Marshal's Office.
	4.  The Board hereby grants a variance in order to allow the continued use of the existing historical in-swinging rear door as a means of egress.  In light of the above, the Board grants a variance on the panic hardware requirement for this door.
	5.  With regard to the kitchen area, the Board grants relief in order to allow the Applicant to utilize the Place of Worship exception for the kitchen within this museum in order to provide the kitchen with only a residential dry chemical suppression system over the stove provided the kitchen is utilized less than two (2) hours a week on average.

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)].