The above-captioned case was scheduled for hearing on February 22, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Filippi, Walker, Jasparro, Jackson, Preiss and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Paul Doyle of the Providence Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 17, 2010 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the February 22, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the August 17, 2010 plan review 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.  Based on the testimony taken and the documentation presented during the February 22, 2011 hearing on this matter, the Board finds that Table 8.3.4.2 does not allow fire window assemblies to be permitted in vertical shafts including stairways.  The Board further finds that the Applicant is seeking relief to install two (2) nine foot wide by six foot high windows on the first floor of this facility.  The Board further finds that the frames will be of hollow metal and that the glass will be tempered.  The Board further finds that the Applicant has proposed that the windows will be protected by a two-hour rated rolling counter fire door installed above each window that would, upon activation, roll down to a fire rated sill.  The Board was further advised that the rolling fire doors shall be connected to the fire alarm system and have fusible links.  The Board was further advised that they would be installed on the bank side and would be activated during a fire to protect the windows openings during the fire.  The Board hereby grants a variance from the provisions of sections 7.2.2.5, 7.1.3.2 and Table 8.3.4.2 in order to allow the Applicant to maintain the above tempered glass panels with the rolling fire door as outlined above.  The Board notes that the Providence Fire Marshal's Office has advised it that it would have no objection if the plan of action were acceptable to the Board, which it is.

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)].