The above-captioned case was scheduled for hearing on August 25, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Pearson, Richard, Jackson, Preiss, Dias and Jasparro were present.  The fire service was represented by Chief of Inspections Scott Caron and Deputy State Fire Marshals Wade Palazini and Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Blackburn abstaining from the vote. The Decision was subsequently reviewed by a subcommittee of the Board, the State Fire Marshal and the Applicant.  The subcommittee recommendations were approved by the Board and incorporated herein. 

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of both an October 23, 2008 inspection report compiled by the State Fire Marshals Office along with a May 18, 2009 plan of action developed by the applicant.  The above inspection report and plan of action were utilized by the Board, the Applicant and the State Fire Marshals Office during the August 25, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the October 23, 2008 inspection report of the State Fire Marshal along with the Applicants May 18, 2009 plan of action as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 

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 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 at the direction and to the satisfaction of the State Fire Marshal's office.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop a plan of action for the correction of deficiency 2, and an additional 120 days to implement that plan of action, at the direction and to the satisfaction of the State Fire Marshal's office.  The Board further grants the Applicant relief from the continuity of construction for the floor-ceiling assemblies of the existing stairs and to further provide those stairs with an approximate one hour fire rating.  Finally, the Board grants the State Fire Marshal's office the authority to extend either or both of the above deadlines for good faith efforts being shown by the Applicant.
	3-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 3 and 4.
	5.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited width of the west stairway of this facility on the basis of structural hardship.  In granting this relief, it is the understanding of the Board that the State Fire Marshal's office has no objection.
	6.  The Board hereby grants a variance in order to allow the stairways from the upper levels of this facility to discharge through the first floor of this facility, on the basis of structural hardship and existing condition.  The Board directs that the corridors shall be rendered approximately one hour fire rated and shall be allowed to be separated by smoke barriers in accordance with the plan of action.  The Board further allows the Applicant to maintain the existing historical doors.  The Board further allows the Applicant to provide the main entrance in the downstairs lobby area with a glass smoke enclosure.  Finally, the Board grants the Applicant relief to maintain a Capitol Police Officer, in the lobby area, at either a security desk or enclosure approved by the State Fire Marshals Office. 
	7-8.  It is the understanding of the Board that the Applicant has corrected deficiencies 7 and 8 at the direction and to the satisfaction of the State Fire Marshal's office.
	9.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop a plan of action for the correction of deficiency 9.  As part of the plan of action, the Applicant shall render the elevator inoperable with all doors permanently closed and sealed off, to provide an approved smoke barrier, on all levels except at the first floor.  The Board further grants relief to allow the Applicant to maintain the existing shaft construction with windows and seals to be rendered approximately one hour rated.  The Board further grants the Applicant an additional 120 days in order to implement the plan of action at the direction and to the satisfaction of the State Fire Marshal's office.  Finally, the Board again authorizes the State Fire Marshal's office to extend either of the above time lines for good faith efforts being demonstrated by the Applicant.
	10-22.  It is the understanding of the Board that the Applicant has corrected deficiencies 10 through 22 at the direction and to the satisfaction of the State Fire Marshal's office.
	23.	Finally, the Board requests that the State Fire Marshals Office include the above-captioned Applicant, Chief of Inspections Jonathan DePault, in all further communications regarding the subject facility. 

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)].