The above-captioned case was scheduled for hearing on March 9, 2010 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Preiss, Richard, Jasparro, Pearson, Walker, Dias and Filippi were present.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshals Office along with Chief John McKenna and Assistant Deputy State Fire Marshal Steven Hughes of the East Greenwich Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous. 

By letter dated May 18, 2010, the East Greenwich Fire Marshals Office requested a review of the original record.  The requested review was subsequently conducted by the Chairman and the Executive Director.  This Amended Decision, replacing the original Decision, was thereupon issued pursuant to Board Rule 6-2-12. Accordingly, the original Decision in file no, 100052 (mailed on May 13, 2010) is null and void and without legal effect.  This Amended Decision outlines the current rights and obligations of the parties.  

FINDINGS OF FACT
Based upon the documentation presented and the testimony taken during the March 9, 2010 hearing on this matter, the Board makes the following findings of fact. The Board finds that the subject facility is three stories in height without a basement.  The Board further finds that the facility was constructed in 2007 in accordance with the Rhode Island Life Safety and Rhode Island Building Codes.  The Board further finds that the facility received certificates of occupancy as tenants were acquired for the space.  The Board finds that the building is currently fully occupied except for a portion on the second floor which remains vacant and unfinished subject to future approvals.  The Board finds that each story is approximately 15,000 square feet in area.  The Board further finds that the facility was constructed in accordance with Type II (000) standards.  The Board further finds that the facility is fully sprinkled and alarmed in accordance with current state fire and building codes.  The Board further finds that there are three (3) exit stairs in the building (east, center and west stairs).
	The Board finds that the Applicants lessee (Picerne Military Housing) is a provider of housing for the U.S. Army and currently leased and occupies the entire third floor and approximately fifty percent of the second floor of this facility.  The Board finds that the third floor occupancy provides access to all three (3) exit stairs through compliant egress paths.  The Board further finds that the second floor tenancy (approximately 7,000 square feet in area) provides access to two (2) stairways and that the remainder of the second floor is currently vacant and available.  The Board finds that the first floor is occupied by other tenants.  	
	The Board finds that the tenant has requested that the owner determine whether it is permissible to remove a portion of the west stair enclosure at the third and second floor and to replace this with a glass enclosure at the second level.  The Board has been advised by the Applicants code consultant that the subject arrangement would comply with the Building Code but not the State Fire Code.
	The Board finds that the owner proposes to construct a draft stop at the second floor west stair enclosure where the wall is to be partially removed.  The Board finds that the draft stop is proposed to be approximately eighteen inches (18) high and additional sprinkler heads are proposed to be located on the occupied side of the draft stop.  The Board further finds that the west stairway enclosure walls are proposed to remain at the first floor and doors allowing access by the first floor tenant to the stairs are proposed to be removed and replaced by fire complying infill construction and new exit doors providing access directly to the exterior will be provided.  The Board notes that the west stair is proposed to serve only one tenant from the second and third floors.

CONCLUSIONS AND VARIANCE REQUESTS
1.	During the March 9, 2010 hearing the Board directed the Applicant to submit its plans and specifications, for the implementation of the above outlined project, to the East Greenwich Fire Marshals Office within two (2) weeks.  The Applicant thereupon advised the Board that she would submit the above plans to the East Greenwich Fire Marshal the day following the hearing.  However, The Applicant was apparently concerned about how quickly the East Greenwich Fire Marshal would review the plans for the installation of the proposed convenience stairway in this previously reviewed and approved office space.  

In response, the East Greenwich Fire Marshal advised the Board that he would give the plans some preference so that the project could come back to the Board.  The Board understands that the East Greenwich Fire Marshal has at least one major project under review.  Accordingly, the Board appreciates any effort that the East Greenwich Fire Marshals Office extends to the Applicant in expediting the review of this proposed convenience stairway and thereby allowing the Applicant to return to the Board, if necessary, in a timely manner.    

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 Amended 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)].