The above-captioned case was scheduled for hearing on April 3, 2001 at 1:30 P.M. At that time, Acting Chairman Burlingame and Commissioners Wahlberg, O’Connell, Pearson and Fillippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Fillippi 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 four (4) plan review reports (June 15, 1998, September 19, 2000, September 20, 2000 and October 1, 2000) complied by the Providence Fire Marshal’s Office.  The above reports were utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the April 3, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the four (4) plan review reports as its initial findings of fact.  Any modification of the Board’s 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

REPORT 1—June 15, 1998

1.The Board hereby grants a variance from the provisions of section 8-1.6 in order to allow the Applicant not to sprinkler the proposed basement assembly.  The Board hereby directs the Applicant to correct the remainder of deficiency 1 by providing the floor above with approved sprinkler coverage prior to the student occupancy of this facility in September of 2001. Finally, it is the understanding of the Board that the Applicant shall correct the remainder of deficiency 1.

2.It is the understanding of the Board that the Applicant shall correct deficiency 2 at the direction and to the satisfaction of the Providence Fire Marshal.

3(a).It is the understanding of the Board that the Applicant shall correct deficiency number 3(a) at the direction and to the satisfaction of the Providence Fire Marshal.

3(b).It is the understanding of the Board that the Applicant shall correct deficiency number 3(b) at the direction and to the satisfaction of the Providence Fire Marshal.

3(c).The Board hereby grants a variance from the provisions of section 5-2.1 and 5-2.3.2.1 in our to allow the Applicant to either to correct deficiency 3(c) or temporarily maintain the new glass wall until such time as a new stairwell, to the proposed parking facility, is constructed.

3(d).It is the understanding of the Board that the Applicant shall correct deficiency number 3(d) at the direction and to the satisfaction of the Providence Fire Marshal.

4.It is the understanding of the Board that the Applicant shall correct deficiency number 4 at the direction and to the satisfaction of the Providence Fire Marshal.
	
5.It is the understanding of the Board that the Applicant shall correct deficiency number 5 at the direction and to the satisfaction of the Providence Fire Marshal. 
 
6.It is the understanding of the Board that the Applicant shall correct deficiency number 6 at the direction and to the satisfaction of the Providence Fire Marshal.
 
7.It is the understanding of the Board that the Applicant shall correct deficiency number 7 at the direction and to the satisfaction of the Providence Fire Marshal.

8.It is the understanding of the Board that the Applicant shall correct deficiency number 8 at the direction and to the satisfaction of the Providence Fire Marshal.

9.The Board hereby grants a variance from the provisions of section 8-3.6 in order to allow the Applicant maintain the cited un-rated corridors until this facility is fully sprinkled.

10.It is the understanding of the Board that the Applicant shall correct deficiency number 10 at the direction and to the satisfaction of the Providence Fire Marshal.

REPORT 2---September 19, 2000

1(a).The Board hereby grants a variance from the provisions of section 23-28.6-8 in order to allow the Applicant maintain the cited open stairway providing communication between the first and second stories of this facility.  In granting this variance, it is the understanding direction of the Board that the stair shall remain as communicating stairs.  

1(b).The Board hereby grants a variance from the provisions of section 23-28.6-8 in order to allow the Applicant to maintain the cited windows being replaced between the second floor and the auditorium level.  In granting this variance, the Board directs the Applicant maintain these windows as fixed windows.  Finally, is the understanding of the Board that these windows are protected by the Applicant's sprinkler system.

1(c).The Board hereby grants a variance from the provisions of section 23-28.6-8 in order to allow the Applicant to maintain the stairway communicates the auditorium stage with the story above.  In granting this variance, it is the understanding of the Board that the Applicant is provided the stairway with a solid corridor equipped with closure.  It is the further understanding of Board that this area is protected by the Applicant's sprinkler system.

2.It is the understanding of the Board that the Applicant shall correct deficiency number 2 at the direction and to the satisfaction of the Providence Fire Marshal.

3.It is the understanding of the Board that the Applicant shall correct deficiency number 3 at the direction and to the satisfaction of the Providence Fire Marshal.

4.It is the understanding of the Board that the Applicant shall correct deficiency number 4 at the direction and to the satisfaction of the Providence Fire Marshal.

5.The Board hereby grants a variance from the provisions of sections 8-2.2.2.1 and 5-2.1.2.2 in order to allow the Applicant to maintain the existing dimensions of the cited new pairs of doors proposed for installation in the auditorium.

6.It is the understanding of the Board that the Applicant shall correct deficiency number 6 at the direction and to the satisfaction of the Providence Fire Marshal.

7.The Board hereby grants a variance from the provisions of sections 8-2.2.2.1 and 5-2.1.4.3 in order to allow the Applicant to maintain the existing swing and fire rating of the new stairway door separating the first floor backstage area from the southeast stairway.

8.It is the understanding of the Board that the Applicant shall correct deficiency number 8 at the direction and to the satisfaction of the Providence Fire Marshal.

9.It is the understanding of the Board that the Applicant shall correct deficiency number 9 at the direction and to the satisfaction of the Providence Fire Marshal.

REPORT 3---September 20, 2000

1.The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant maintain the existing egress from the subbasement of the assembly occupancy.  In granting this variance, the Board notes that the subbasement houses mechanical and electrical equipment only and is not normally occupied.

2(a).It is the understanding of the Board that the Applicant shall correct deficiency number 2(a) at the direction and to the satisfaction of the Providence Fire Marshal.

2(b).It is the understanding of the Board that the Applicant shall correct deficiency number 2(b) at the direction and to the satisfaction of the Providence Fire Marshal.

2(c).The Board hereby grants a variance from the provisions of sections 8-2.1 and 5-1.3.2.1 in order to allow the cited steam and “SCR” lines through the constructed exit stairway “A”.

3.It is the understanding of the Board that the Applicant shall correct deficiency number 3 at the direction and to the satisfaction of the Providence Fire Marshal.

4.It is the understanding of the Board that the Applicant shall correct deficiency number 4 at the direction and to the satisfaction of the Providence Fire Marshal.

5.It is the understanding of the Board that the Applicant shall correct deficiency number 5 at the direction and to the satisfaction of the Providence Fire Marshal.

6.It is the understanding of the Board that the Applicant shall correct deficiency number 6 at the direction and to the satisfaction of the Providence Fire Marshal.

7.It is the understanding of the Board that the Applicant shall correct deficiency number 7 at the direction and to the satisfaction of the Providence Fire Marshal.

8.It is the understanding of the Board that the Applicant shall correct deficiency number 8 at the direction and to the satisfaction of the Providence Fire Marshal.

REPORT 4---October 1, 2000 

1(a).It is the understanding of the Board that the Applicant shall correct deficiency number 1(a) at the direction and to the satisfaction of the Providence Fire Marshal.

1(b).The Board hereby grants a time variance, until September 1, 2001, in order to allow the Applicant and the Providence fire Marshal to study potential solutions to deficiency 1(b).

2.It is the understanding of the Board that the Applicant shall correct deficiency number 2 at the direction and to the satisfaction of the Providence Fire Marshal.

3.The Board hereby grants a variance from the provisions of sections 26-2.2.3.1 and 5-2.2.2.1 in order to allow the Applicant maintain the existing dimensions of the cited stairways within this facility.

4.It is the understanding of the Board that the Applicant shall correct deficiency number 4 at the direction and to the satisfaction of the Providence Fire Marshal.

5.It is the understanding of the Board that the Applicant shall correct deficiency number 5 at the direction and to the satisfaction of the Providence Fire Marshal.

Notes:
1-5.It is the understanding and direction of the Board that the Applicant shall correct deficiencies 1,2,3,4 and 5 at the direction and to the satisfaction of the Providence Fire Marshal's office.

6.It is the understanding of the Board that the Applicant shall dominate deficiency 6 by sprinkling this area.

7-9.It is the understanding and direction of the Board that the Applicant shall correct deficiencies 7, 8 and 9 at the direction and to the satisfaction of the Providence Fire Marshal’s office.

10.The Board hereby grants a time variance, until September 1, 2001, to correct deficiency 10 at the direction and to the satisfaction of the Providence Fire Marshal. 

11-13.	It is the understanding and direction of the Board that the Applicant shall correct deficiencies 11, 12 and 13 at the direction and to the satisfaction of the Providence Fire Marshal’s office.

14.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing pair of 27 inch doors at the northerly principal entrance/exit to 8 Abbott Park Place.

15.	It is the understanding and direction of the Board that the Applicant shall correct deficiency 15 at the direction and to the satisfaction of the Providence Fire Marshal.

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 Applicant’s 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 Board’s 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 Board’s 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)].