The above captioned case was scheduled for hearing on August 28, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Coutu, Evans, Filippi, Wahlberg, O’Connell and Burlingame were present.   The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.   Commissioner Burlingame abstained from voting on this issue.  The motion was unanimous from the remaining commissioners.

FINDING OF FACT

This matter was previously before the Board and a Decision in File No.:  200308 was issued on February 26, 2001.  The Board hereby adopts its original findings of fact as its initial findings of fact in this case.  The Board further finds that additional deficiencies were uncovered by the Applicant and that the Applicant requested further clarification and/or amendment of item #l7 from the original Decision on this matter.  Finally, the numbers of the Decision below correspond with those of an August 2l, 2001 submittal by the Applicant as part of his application.  The above submittal outlined the requested relief deemed necessary 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 is defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from provisions of Section 23-28.l2-29 in order to allow the Applicant to maintain the existing interior finish of this facility provided that the sprinkler system of this facility be extended throughout this facility within eight (8) months of the date of this Decision.

2.	The Board hereby grants a variance from the provisions of Section 23-28.l2-31 in order to allow the Applicant to maintain the closet which presently exists under the door leading from the basement to the first floor of this facility.  In granting this variance, the Board directs the Applicant to provide the proposed one (l) hour rated ceiling on the other side of the stair and to support the above ceiling with an approved one (l) hour shaft wall and to finally sprinkler this area within the above time period.

3.	The Board hereby grants a variance from the provisions of Section 23-28.6-l0(b) in order to allow the Applicant to maintain the cited security doors, without a landing, at the mid-flight level of each of the existing stairways at the choir loft to the main level of the auditorium.  In granting this variance, it is the understanding and direction of the Board that this area of the stairs shall be adequately lit and that these doors shall be equipped with panic hardware, to the satisfaction of the Providence Fire Marshal.

4.	The Board hereby grants a variance from the provisions of Section 23-28.6-l0(c) in order to allow the Applicant to maintain the existing winding stairs from the choir loft to the main level of the auditorium of this facility.  This variance is granted pursuant to the Applicant’s sprinkler coverage of this facility.

5.	The Board hereby grants a variance from the provisions of Section 23-28.6-l5(e) in order to allow the Applicant to maintain the existing interior finish of the stairs from the choir loft to the main level of the auditorium.  This variance is also granted pursuant to the Applicant’s agreement to provide this entire building with approved sprinkler coverage.

6.	The Board hereby grants a variance from the provisions of Life Safety Code Section 6-2.3.2.4.l and 6-2.4.2 in order to allow the Applicant to maintain the existing wood collar ties at the top of the shaft of the new stairway provided the Applicant install a 5/8  inch type “x” ceiling on the underside of the collar ties and to further provide sprinkler coverage above and below this ceiling.

7.	The Board hereby clarifies and amends its original Decision in this matter in order to eliminate the distribution and consumption in the classroom areas only on the day of the annual campus dance in May of each year.  The Applicant may otherwise distribute alcohol within this facility subject to all other state and local restrictions.  The Applicant shall have eight (8) months from the date of this Decision in order to comply with the items listed above. 

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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 within the Sixth Division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision.  [RIGL 42-35-l5(c)]