The above-captioned case was scheduled for hearing on May 29, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Coutu, Richard, Pearson, Filippi and Burlingame 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 Coutu and seconded by Commissioner Newbrook 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 a November 16, 2000 plan review report complied by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the May 29, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the November 16, 2001 plan review report 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

1-6. The Board hereby directs the Applicant to correct deficiencies 1, 2,3,4,5 and 6 at the direction and to the satisfaction of the Providence Fire Marshal prior to occupancy of this facility.

7. The Board hereby grants a variance from the provisions of LSC section 8-2.5.1 in order to allow the Applicant to maintain a common path of travel of 97 feet from the cited fire pump and storage rooms.  In granting this variance, the Board was advised that the people utilizing the portion of this facility designated assembly would not be utilizing the above common paths of travel.

8(a)&(b). The Board hereby grants a variance from the provisions of LSC sections 8-2.5 and 5-6.1 in order to allow the Applicant to maintain the cited dead ended corridors.  This variance is granted pursuant to the reasons outlined in item 7 above.
	
9-11. The Board hereby directs the Applicant to correct deficiencies 9,10 and 11 at the direction and to the satisfaction of the Providence Fire Marshal prior to occupancy of this facility.  

12. The Board hereby grants a variance from the provisions of LSC sections 26-2.1.1 and 5-1.5 in order to allow the Applicant to maintain the cited basement ceiling height in this normally unoccupied space.

13. The Board hereby grants a variance from the provisions of LSC sections 26-2.2.2.1 and 5-2.1.2.2 in order to allow the Applicant to maintain the existing pair of 28 inch doors at the principal entrance exit of this facility.  In granting this variance, the Board notes that by opening both leafs, there's a clear width of 55 1/2 inches.  Accordingly, as a condition of the variances granted herein, the Applicant shall maintain, as active, both leafs.

14-17. The Board hereby directs the Applicant to correct deficiencies 14, 15, 16 and 17, at the direction and to the satisfaction of the Providence Fire Marshal prior to occupancy this facility.

18. The Board hereby grants a variance from the provisions of LSC sections 26-2.2.3.1 and 5-2.2.5.3 in order to allow the Applicant to maintain the rated enclosures within the stairways of this fully sprinkled building.  

19. The Board hereby grants a variance from the provisions of LSC sections 26-2.7 and 5-7.2 (a) in order to allow the existing discharge from the basement stairwell.  In granting this variance, on the basis of limited occupancy, the Board directs the Applicant to provide additional exit signage at the direction and to the satisfaction of the Providence Fire Marshal before occupancy.

20. The Board hereby grants a variance from the provisions of LSC section 26-2.7 and 5-7.3 in order to allow the Applicant to delete the cited gate.

21-23.	The Board hereby directs the Applicant to correct deficiencies 21, 22 and 23 at the direction and to the satisfaction of the Providence Fire Marshal before occupancy of this facility.

24. The Board hereby grants a variance from the provisions of LSC sections 26-3.1.1 and 6-3.1.1 in order to allow the Applicant to maintain the existing continuity of construction of the existing stairwells in this facility.  This variance does not apply to the proposed new stairwells.

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)].