The above-captioned case was scheduled for hearing on October 9, 2001 at 1:30 P.M. At that time, Vice Chairman Richard and Commissioners Newbrook, Filippi, Evans and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Ron Raposa of the Providence Department of Communications and Deputy State Fire Marshals Kevin Murphy and William Howe of the State Fire Marshal’s Office.  A motion was made by Commissioner Evans 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 September 4, 2001 inspection report compiled by the State Fire Marshal’s Office. The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the October 9, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the September 4, 2001 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. The Board hereby directs the Applicant to correct deficiency number 1 by providing spare sprinkler heads for the installed sprinkler system at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

2. The Board hereby directs the Applicant to correct deficiency number 2 by providing the sprinkler system of this facility with approved sprinkler wrench at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

3. The Board hereby directs the Applicant to correct deficiency number 3 by replacing the cited painted sprinkler heads, at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

4. The Board hereby directs the Applicant to correct deficiency number 4 by removing the cited extra cables and wire straps to the sprinkler system pipes at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

5. The Board hereby directs the Applicant to correct deficiency number 5 by providing approved sprinkler coverage in the cited areas at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

6. As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency number 6 by upgrading the supervised fire alarm system within this facility, at the direction and to the satisfaction of the Providence Division of Telecommunications over a period of four years from the October 9, 2001 hearing.  Specifically, the Applicant shall immediately “tie in” the existing sprinkler system to the fire alarm system at the direction and to the satisfaction of the Providence Department of Telecommunications.  The Applicant is then directed to provide this facility with an approved fire alarm panel installed at the direction and to the satisfaction of the Providence Department of Telecommunications within one year of the October 9, 2001 hearing on this matter. The Applicant shall then have the remainder of the above four-year period to completely upgrade the alarm system through out this facility. The only condition on the above time period is that the Applicant shall provide the fourth floor with fully upgraded fire alarm coverage prior to occupancy of that level. 

7. The Board hereby directs the Applicant to correct deficiency number 7 by repairing the cited emergency generators at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

8. It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing this facility with approved fire extinguishers installed at the direction and to the satisfaction of the State Fire Marshal.

9. The Board hereby directs the Applicant to correct deficiency number 9 by providing the cited exit stair towers with approved guardrails installed at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

10. The Board hereby grants a variance from the provisions of sections 26-2.2.2 and 5-2.1.3 in order to allow the Applicant to maintain the cited step-down at the main entrance of this facility.  In granting this variance, it is the understanding of the Board that the stairs in question are historical granite stairs.  Accordingly, this variance is based upon structural hardship.

11. The Board hereby directs the Applicant to correct deficiency number 11 by repairing the cited stair threads at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

12. The Board hereby directs the Applicant to correct deficiency number 12 by repairing the cited exit door, from the rear stairs to the outside, at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

13. The Board hereby grants a variance from the provisions of section 26-2.2.3 and table 5-2.2.2.1(b) in order to allow the Applicant to maintain the existing dimension of the cited stairways.  This variance is based on structural hardship.

14. The Board hereby grants a variance from the provisions of section 5-1.5 door to allow the Applicant maintain the existing headroom in the basement corridor.  In granting this variance on the basis of structural hardship, it is the understanding the Board that the basement shall remain unoccupied.  Finally, as a condition of the variance, the Board directs the Applicant remove the cited fan units from the corridor at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

15. The Board hereby grants a variance from the provisions of sections 8-2.2.2 and 5-2.1.2.2 in order to allow the Applicant to maintain the existing cited width of the cited exit door leading from the assembly room on the first floor.  This variance is based upon structural hardship.

16. The Board hereby directs the Applicant to correct deficiency number 16, by repairing the rear outside exit stair to grade from the assembly area, at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

17. The Board hereby directs the Applicant to correct deficiency number 17 by upgrading the cited elevator, in accordance with fire fighter service requirements, at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision. 

18. The Board hereby grants a variance from the provisions of sections 10-2.2.2 and 5-2.1.2.2 in order to allow the Applicant to maintain the existing dimensions of the doors cited in deficiencies 18 a, b, c, e, f and g. The Board hereby directs the Applicant to correct deficiency 18 (d) by bringing the cited double doors from class #1 and class #2 into compliance with the above provisions.

19. The Board hereby directs the Applicant to correct deficiency 19 by repairing the cited step-downs, which have not previously received a variance, at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

20. The Board hereby directs the Applicant to correct deficiency number 20, by repairing the cited exit stairs, at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

21. The Board hereby directs the Applicant to correct deficiency number 21, by providing approved slip-resistance protection on the cited stairways at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

22. The Board hereby directs the Applicant to correct deficiency number 22 by repairing the cited handrails at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

23. The Board hereby directs the Applicant to correct deficiency number 23 at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

24. The Board hereby directs the Applicant to correct deficiency number 24, by upgrading the cited egress arrangement at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

25. The Board hereby directs the Applicant to correct deficiency number 25, by removing the cited dead bolts for the double doors of classroom number 2 at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

26. The Board hereby directs the Applicant to correct deficiency number 26, by marking the means of egress from this facility at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

27. The Board hereby directs the Applicant to correct deficiency number 27 by bringing the cited front egress doors into compliance at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

28. The Board hereby directs the Applicant to correct deficiency number 28, by providing this facility with approved operational emergency lighting, at the direction and to the satisfaction of the State Fire Marshal within 180 days of the date of this decision.

29. The Board hereby directs the Applicant to correct deficiency number 29 in accordance with the planned upgrade of the fire alarm system within this facility as outlined in item number 6 above.

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)].