The above-captioned case was scheduled for hearing on July 17, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jasparro, Jackson, Sylvester, and Burlingame were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was not present.  However, the Board was advised of a telephone conversation with Assistant Deputy State Fire Marshal Timothy Lutz, advising that he had no objection to the requested relief.  A motion was made by Commissioner Sylvester and seconded by Commissioners Dias and Burlingame to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Jackson abstaining as he had not attended the full hearing.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 23, 2012 attachment to the variance application in this case titled John Hazen White Center.  The above variance application attachment advised of several previous variances granted and requested that these variances be reinstated by the Board.  The above report also identified additional relief sought by the Applicant.  It is the understanding of the Board that all other fire code deficiencies in this facility have been corrected by the Applicant. 

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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby reaffirms the variance to grant the Applicant relief from the requirements of RI Life Safety Code section 7.1.3.2.1(5) and RI Life Safety Code section 8.6.5(3) to allow the existing non-rated elevator shaft and door openings to remain and to allow the Plexiglas to be replaced with perforated metal panels as described within the May 23, 2012 attachment and to further allow the existing elevator shaft within the existing stair enclosure.  The Board grants this variance on the basis of structural hardship with the understanding that the Providence Fire Marshals Office has no objection.
	2.  The Board hereby reaffirms the original variance granted in file number 970103 in order to allow the existing openings identified in the May 23, 2012 attachment to remain, based upon the addition of water sprinkler heads at both sides of the openings in accordance with the Applicants submitted plan of action.  This variance would also allow relief to allow the horizontal mullions to remain.  The Board further grants a variance in order to allow the existing door frame and side light (glazed with  wire glass) at the lower level of stair 2 to remain.  In granting this relief, it is the understanding of the Board that the existing door and hardware will be replaced with a new B-labeled sixty (60) minute rated door and new fire exit hardware enclosure as permitted pursuant to Rhode Island Life Safety Code 8.3.4.3.  
	3.  The Board hereby grants a variance from the provisions of section 8.3.4.3 in order to allow three (3) existing non-rated hollow metal door frames to remain.  The Board further grants relief from Table 8.3.4.2 in order to allow the two (2) existing window openings to remain based upon the addition of window sprinkler heads as outlined in the May 23, 2012 variance application attachment.
	4.  The Board hereby reaffirms its original variance granted in file number 030348 in order to allow the Applicant relief from Rhode Island Life Safety Code section 7.2.1.4.2 to maintain the existing in-swinging doors on the basis that they shall be secured in the open position whenever the area is occupied.  
	5.  The Board hereby reaffirms its original variance in file number 030348 and grants relief from the requirements of section 7.2.2.4.4.10 as outlined in item 5 of the May 23, 2012 attachment.
	6.  The Board hereby grants a variance in order to grant the Applicant relief from the requirements of Rhode Island Life Safety Code section 7.1.3.2.1(5) and 8.6.5(3) in order to allow the existing elevator shaft of unknown rating to be located within the existing stair enclosure.  

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)].