The above-captioned case was scheduled for hearing on June 19, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, O’Connell, Richard and Pearson 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 Newbrook 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 a February 5, 2001 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 June 19, 2001 hearing on this matter. Accordingly, the Board hereby incorporates the February 5, 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

1-2. The Board hereby directs the Applicant to correct deficiencies 1 and 2 at the direction and to the satisfaction of the Providence Fire Marshal before occupancy.

3. During the June 19, 2001 hearing on this matter, the Board was advised the Applicant shall provide the exit, servicing the emergency power service room, with an approved one-hour enclosure.  The Board hereby grants a variance from the provisions of section 5-7.2 in order to allow the exit, from this normally unoccupied space, to discharge onto the third story.  In granting this variance, the Board was advised by the Providence Fire Marshal's Office that the requested relief is considered to be reasonable.

4. The Board hereby directs the Applicant to correct deficiency 4 at the direction and to the satisfaction of the Providence Fire Marshal before occupancy.

5. The Board hereby grants a variance from the provisions of sections 26-2.2.3.1, 5-2.2.1, and 5-1.3.2.1(d) and(f) in order to allow the Applicant to maintain the existing configuration of the north basement mechanical room which discharges directly into stairway.

6-10. The Board hereby directs the Applicant to correct deficiencies 6,7, 8, 9 and 10 at the direction and to the satisfaction of the Providence Fire Marshal before occupancy.

11. The Board hereby grants a variance from the provisions of sections 26-3.1.1, 6-2.4.4 and 6-2.3.1.1, in order to allow the Applicant to maintain the existing floor-ceiling assemblies and the resulting lack of continuity of construction for the proposed HVAC shafts.

12-14. The Board hereby directs the Applicant to correct deficiencies 12, 13 and 14 at the direction and to the satisfaction of the Providence Fire Marshal before occupancy. 

15. The during the June 19, 2001 hearing on this matter, the Board also addressed an issue presented by the Applicant in a June 11, 2001 letter requesting amendment of the original application.  In the June 11, 2001 letter, the Board was advised that, during a field inspection, the Providence Fire Marshal determined that the stair towers, at the ends of the building, were deficient under sections 6-2.3.1.1 and 6-2.2.2 for not having a complete one-hour rate enclosure.  The Applicant has proposed to use a U.S.G Fire Stop System product to infill the flutes of the metal deck with two inches of Fire Compound and to half inches of Thermafiber to create the rough equivalency of a two-hour rating.  The Board hereby grants a variance from the provisions of sections 6-2.3.1.1 and 6-2.2.2 in order to allow the Applicant to utilize the above rough two-hour equivalency in this specific case.  The Board notes that the variance granted above addresses this individual building and is granted pursuant to the other life safety features found therein along with the input and review of the Providence Fire Marshal’s Office.  The future use of this product, in a comparable setting, shall be allowed only by separate variance on a case-by-case basis.

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)].