The above-captioned case was originally scheduled for hearing on May 29, 2001 at 1:30 P.M. A decision, outlining the initial plan of action for fire safety for this complex, was thereupon issued on June 5, 2001.  The matter was subsequently rescheduled for review of the Applicant's additional request for variances relating to the stairwells within this facility. It was thereupon determined that an onsite inspection of this facility, by a subcommittee, would provide the Board with the facts necessary to address the Applicant’s latest variance requests.
	
Accordingly, a subcommittee of the Board, consisting of the Chairman Farrell and Commissioners Wahlberg, O'Connell, Burlingame and Evans, conducted an onsite review of this facility at 10:00 AM on July 17, 2001.  The subcommittee's recommendations were thereupon reviewed by the full Board during its July 17, 2001 meeting at 1:30 PM.
	
At that time, Chairman Farrell and Commissioners Pearson, Wahlberg, Richard, Burlingame, Evans and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshal’s Office.  An initial motion was made by Commissioner Wahlberg and seconded by Commissioner Richard to clarify exactly what was being required in terms of submitted plans and drawings under the original Decision mailed on June 5, 2001.  The motion further conditioned all of the relief granted below upon the Applicant's full compliance with the submission of approved plans. The initial motion was unanimous.
	
A second motion, covering a plan of action for the five (5) stairways within this facility, was made by Commissioner Wahlberg and seconded by Commissioner O'Connell.  Again, the requested relief is specifically contingent upon the submission of approved drawings, stamped by either a licensed Rhode Island Architect or licensed Rhode Island Engineer and submitted pursuant to the timetables of the June 5, 2001 decision to the Providence Fire Marshal's office.  The second motion was thereupon approved unanimously.

FINDINGS OF FACT
	
The Board hereby relies upon its findings of fact in the June 5, 2001 Decision, in File No. 010145, as its initial findings of fact in this case.  The Board further finds that the Applicant has five (5) stairwells in this facility that are utilized as part of the egress system.  The Board further finds that each of the stairwells, or portions thereof, utilize noncombustible materials that cannot be considered part of a fire rated assembly.  The Board further finds that each of the stairwells, or portions thereof, lack the required continuity of construction mandated under the code.  Further, the Board finds that the Applicant plans to reconstruct at least two (2) of the stairways. Finally, the Board finds that several of the stairways have windows, dimensional deficiencies with regard to the trends and risers, winders, handrails, guardrails, along with other rating and configuration deficiencies.
	
CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby directs that all of the relief addressing the stairways systems outlined below is contingent upon the Applicant's timely submission of approved plans and drawings in accordance with the June 5, 2001 decision covering this facility.  Specifically, in order to satisfy requirements of the June 5, 2001 decision, the Applicant must submit drawings, that are stamped and approved by either an Engineer licensed and registered by the State of Rhode Island or an Architect licensed and registered by the state of Rhode Island. Failure of the Applicant to submit the above drawings, in accordance with the original time frames of the June 5, 2001 Decision, to the satisfaction of the Providence Fire Marshal, shall void all of the variances listed below.

2. It is the understanding of the Board that the Applicant plans to replace the existing wooden stairway within stairwell C with an approved metal stairway from the grade level to the top level of this facility.  The Applicant further plans to seal off the windows within stairwell C and to provide a firewall, in the area of electrical panels, at the direction and to the satisfaction of the Providence Fire Marshal.  The Applicant further plans to provide fire doors in the walls separating the stair from main building and the apartments at each level.  Finally, the Applicant shall provide the stairwell with all approved handrails and guardrails required by the Providence Fire Marshal. In light of the above, and conditioned upon the Applicant's compliance with item 1 above, the Board hereby grants a variance to allow an equivalency rating of the masonary walls and to further allow for the absence of continuity of construction of stairwell C. The Board further grants a variance in order to allow the Applicant to seal off all existing penetrations at the direction to the satisfaction of the Providence Fire Marshal's office.

3. It is the understanding of the Board that the Applicant is planning to provide footings and fully enclose existing stairway E.  It is the further understanding of the Board that the Applicant shall provide stairway E with an approved wet or dry standpipe system at the direction and to the satisfaction of the Providence Fire Marshal.  The new stairwell shall be enclosed and fire rated and the Applicant has agreed to remove all telephone wires, in the area, within 15 days.  The windows shall be sealed off and the Applicant shall provide approved handrails and guardrails at the direction to the satisfaction of the Providence Fire Marshal's office.  In light of the above, and conditioned upon the Applicant compliance with item 1 above, the Board hereby grants a variance in order to allow for an equivalency rating of the existing walls and continuity of construction of that portion of the new stairwell which utilizes the existing building construction.  The Board further grants a variance in order to allow all penetrations to be sealed off at the direction to satisfaction of the Providence Fire Marshal's office.

4. It is the understanding of the Board that the Applicant shall provide stairway A with an approved two-hour firewall and assembly at each level.  It is further understanding of the Board that the Applicant shall seal off all windows within the stairwell at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board notes that the elevator shaft in this area shall be taken out and sealed off at each level from grade to the top. It is the further understanding of the Board that the elevator walls shall be removed.  It is further understanding the Board that the Applicant shall provide fire doors at the bottom of the stairwell and that the stairwell shall be provided with access to the two-hour fire rated corridors from the apartments to the passageways.  Finally, it is the understanding of the Board that the passageway from stairway A to the shall be rated with approved double 5/8 Sheetrock assembly a metal stud incorporating the existing ceiling into the design.  Any openings behind existing drywall shall be sealed off at the direction to satisfaction of the Providence Fire Marshal.  	

In light of the above, and conditioned upon the Applicant’s compliance with item 1 above, the Board hereby grants a variance in order to allow the Applicant to maintain an equivalency fire rating of the existing materials utilized in the walls of this stairwell and to further maintain the existing treads, risers, winding stairs and continuity of construction of this stairwell.  Further, the Board grants a variance with regard to the headroom of the stairs in order to allow the Applicant to remove all non-structural obstructions and to maintain one area of the stairway that is currently obstructed by a heavy timber bearing member. Finally, the Board hereby grants a variance in order to allow the Applicant to seal off all penetrations at the direction to the satisfaction of the Providence Fire Marshal's office.

5. With regard to stairwell B, it is the understanding of the Board that the Applicant shall provide a two-hour firewall, between the stairway and elevator, at each level.  It is the further understanding and direction the Board that stairway shall be enclosed at the basement level that the Applicant shall remove the cited soda machine and enclose the area under the stairs.  The Applicant shall further block off a room, located at the lower-level, at the direction to the satisfaction of the Providence fire Marshal.  The Applicant shall further eliminate all residential occupancy of rooms 300(a), 300(b) and room 301.  The above rooms shall be utilized for storage only.  Finally, the Applicant shall utilize bollards, in the exit discharge area, in order to prevent vehicles parking in front of the exit discharge to grade.  In light of the above, and conditioned upon the Applicant compliance with item 1 above, the Board hereby grants a variance in order to allow the Applicant to maintain the existing construction and rating of the stairwell walls and continuity of construction.  The Board finally grants a variance in order to allow the Applicant to maintain the existing dimensions of the treads and risers within this stairwell and to seal off any penetrations within the stairwell at the direction to satisfaction of the Providence Fire Marshal's office. 

6. It is the understanding of the Board that the Applicant shall provide stairwell D with new approved steel stairway installed to the satisfaction of the Providence Fire Marshal's office.  It is a further understanding the Board that the Applicant shall seal off all windows and all penetrations to the satisfaction the Providence Fire Marshal's office.  The Applicant shall further installed bollards at the exit discharge in order to eliminate parking in front of the exit discharge.  Finally, the Applicant shall provide approved handrails and guardrails on the loading dock or fill in this area to eliminate the potential hazards at the direction to satisfaction the Providence Fire Marshal's office.  In light of the above, and conditioned upon the Applicant compliance with item 1 above, the Board hereby grants a variance in order to allow the Applicant to utilize the existing stairway walls as a two-hour fire rated equivalency and to further maintain the existing continuity of construction.  All other renovation shall be to the satisfaction of the Providence fire Marshal's office.

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)].