The above-captioned case was scheduled for hearing on April 19, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Richard, Preiss, Jackson, Jasparro, Walker, Filippi and Dias were present.  The fire service was represented by Deputy State Fire Marshal Dennis McGarty of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	Based on the documentation submitted and the testimony taken during the April 19, 2011 hearing on this matter, the Board finds that this is an existing, functioning fire station that maintains an existing unenclosed concrete spiral stair assembly that serves as a means of egress from all floors.  The Board further finds that the stairs contain several rooms that open on to it.  The Board further finds that the stair construction is non-combustible and is comprised of poured in place concrete.  The Board further finds that the stairs have a one-foot six inch (16) inside radius and a five-foot six inch (56) outside radius and that the typical riser height is approximately seven and one half (7 ) inches.  The Board further finds that the tread depth is five inched (5) at the inside radius and sixteen inches (16) at the outside radius.  Finally, the Board finds that the above referenced stairs do not comply with NFPA 101 existing stair dimensions.  The Board further finds that the stairs are unenclosed for three (3) stories and that at one point a toilet area opens directly into the stairway.

The Board further finds that the Applicant has submitted plans to construct a new compliant stairway which would provide approved egress from this building.  The Board finds that the Applicant is requesting a variance to maintain the existing spiral stairway with certain modifications and to rely on the planned approved means of egress from this facility.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to maintain the above described existing spiral stairway with the following conditions.  The Board directs the Applicant to replace the existing handrail with two (2) approved rails and to provide fire rated separation from the adjoining spaces with approved rated doors, at the direction and to the satisfaction of the State Fire Marshals Office.  In addition, this variance is contingent upon the Applicant providing this facility with a new compliant egress stairs, installed at the direction and to the satisfaction of the State Fire Marshals Office.  Finally, the Board hereby grants the Applicant a variance in order to allow the toilet area to open onto the main stairway, on the basis of structural hardship.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a plan of action to make the above modifications to the egress system of this facility.  The Board further grants the Applicant an additional 150 days in which to implement the plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.  Finally, the Board hereby grants the State Fire Marshals Office the authority to extend either or both of the above timelines for good faith efforts being shown 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 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)].