The above-captioned case was scheduled for hearing on September 14, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Richard, Walker and Dias were present.  The fire service did not appear but sent the Board a September 14, 2010 letter indicating that the variance request was reasonable and did not post a threat to public safety.  A motion was made by Commissioner Walker and seconded by Commissioners Preiss and Richard to grant the Applicant relief on the basis of structural hardship.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 17, 2010 letter submitted by the Applicants engineer in justification of the variance request.  The above May 17, 2010 engineers letter along with the September 14, 2010 letter from the Providence Fire Marshals Office indicating no objection to the variance request were utilized by the Board and the Applicant during the September 14, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the May 17, 2010 engineers letter along with the September 14, 2010 Fire Marshals letter 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.  Based on the documentation before it, it is the understanding of the Board that the sub-basement level of this facility is a normally unoccupied floor that provides access to building utilities and storage.  The Board further finds that the ceiling height of the sub-basement is less than eighty-four inches (84) as required and that projections from the ceiling are less than eighty inches (80) above the finished floor.  
	The Board hereby grants the Applicant a variance from Rhode Island Life Safety Code Section 7.1.5.1 to permit the continued use of the sub-basement with the above cited headroom based on structural hardship and limited occupancy.  In granting this variance, the Board directs the Applicant to maintain the limited use of the sub-basement, being only accessible to RISD Staff and elevator service technicians for routine elevator maintenance in the elevator maintenance room.  Finally, it is the understanding of the Board that the sub-basement is equipped throughout with automatic sprinklers.

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)].