The above-captioned case was originally scheduled for an on-site inspection by subcommittee on June 1, 2010 at 2:00 P.M.  The fire service was represented during the on-site subcommittee by Deputy State Fire Marshal David Cionfolo of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioners Filippi and Preiss to recommend to the full Board the plan of action outlined below.  The Board reviewed the recommendations of the subcommittee during its June 8, 2010 hearing on this matter.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Richard, Pearson, Preiss, Dias and Filippi were present.  Commissioner Blackburn did not participate in this case.  A motion was made by Commissioner Preiss and seconded by Vice Chairman Newbrook to approve the subcommittee plan of action with the recommendation that the facility be fully sprinklered in the future to maintain its historical integrity.  The approval is also conditioned upon proper certification of the fire escape system within this facility.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 14, 2009 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during both the June 1, 2010 on-site subcommittee review of this facility along with the June 8, 2010 review of the subcommittee recommendations by the full Board.  Accordingly, the Board hereby incorporates the October 14, 2009 inspection report 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.  The Board hereby grants a variance from the provisions of section 13.2.2.2.3 in order to allow the Applicant not to provide the historic main entrance door with panic hardware.  As a condition of this relief, the Board directs the Applicant to seal off the second floor viewing area from the main assembly area and to further ensure that when the main assembly area is occupied for assembly, the door shall either be opened or, in inclement weather, the door shall be assigned a staff member to open it immediately in the event of emergency.
	2.  The Board hereby grants a variance from the provisions of section 13.2.2.2.1 in order to allow the Applicant to maintain the existing swing of the main egress door against exit travel in accordance with the conditions outlined in item 1 above.
	3.  The Board hereby grants a time variance of thirty (30) days in order to submit a plan of action and an additional 120 days in order to implement the plan of action for the correction of deficiency 3 by changing the fire escape access side window at the direction and to the satisfaction of the State Fire Marshal's office with any additional safeguards deemed necessary by the State Fire Marshal's office for the proper functioning of this emergency exit from the first floor assembly.  In granting this relief, the Board notes that this area is typically unoccupied and that it would be limited.  The Board further directs the Applicant that if the assembly area was to be utilized for future private functions, it would have to be with an approved firefighter detail, at the direction and to the satisfaction of the State and Providence Fire Marshal's office.
	4-5.  The Board hereby grants the Applicant a time variance of thirty (30) days in order to develop a plan of action for the correction of deficiencies 4 and 5 and an additional 120 days in order to implement the above plan of action. 
	6.  Based upon the limited occupancy of the basement of this facility, the Board hereby grants a variance in order to allow the Applicant to maintain a single means of egress from the basement and to further utilize the open stairway on the first floor foyer from the first to the second floor of this facility as a means of egress.  This variance is granted pursuant to structural hardship and in light of the fact that the Applicant is providing this facility with an approved municipally connected fire alarm system, although it is not required.  Finally, as outlined above, the Board highly recommends that the Applicant sprinkler the entire facility as a means of both protecting the occupants and preserving this historical structure.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing an additional handrail on the cited stairways within the timelines outlined in items 4 and 5 above.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing the cited stairs and foyer with approved Class A flame spread rated materials at the direction and to the satisfaction of the State Fire Marshal's office within the timetables outline in items 4 and 5 above.
	9.  The Board hereby directs the Applicant to correct deficiency 9 at the direction and to the satisfaction of the State Fire Marshal's office by treating the cited wood finish in various rooms as outlined on the October 14, 2009 inspection report, within the timetables established in items 4 and 5 above.
	10.  The Board hereby grants a variance from the provisions of section 13.3.2.1.2 in order to allow the Applicant to protect the boiler of this facility with at least two (2) domestically supplied sprinkler heads and an approved anti-back flow device installed at the direction and to the satisfaction of the State Fire Marshal's office within the timetables outlined in items 4 and 5 above.
	11.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans for the installation of a municipally connected fire alarm system and an additional 120 days in order to implement the above plans at the direction and to the satisfaction of the State Fire Marshal's office.  
	12.  During the on-site inspection of this facility, the Board noted that there was not sufficient fire stopping.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days to submit a plan to the State Fire Marshal's office and an additional 120 days to implement the above plan at the direction and to the satisfaction of the State Fire Marshal's office.
	13.  As a condition of the relief granted herein, the Board directs the Applicant to provide the State Fire Marshal's office with proper certification of the fire escape system of this facility within the above time lines.  Finally, the Board hereby authorizes the State Fire Marshal's office to extend any of the above time lines deemed necessary by that office pursuant to good faith efforts being made by the Applicant.

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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).