The above-captioned case was originally scheduled for hearing on October 30, 2001 at 1:00 PM. A decision, outlining a plan of action for this facility, was issued on December 5, 2001. By letter dated May 29, 2002, the Applicant requested the Board to reconsider and clarify certain portions of the original decision based, in part, upon the newly adopted Rehabilitation Building and Fire Code for Existing Buildings and Structures. The case was re-scheduled for hearing on June 18, 2002. At that time, the Board determined that an onsite inspection of the facility by a subcommittee of the Board would be appropriate. Accordingly, the onsite inspection of the facility was conducted on July 2, 2002 at 11:00 A.M. The subcommittee reported back to the full Board that afternoon at 1:00 PM. At that time, Vice Chairman Richard and Commissioners Wahlberg, Newbrook, Preiss, Coutu and Burlingame were present.  A motion was made by Commissioner Coutu and seconded by Commissioner Pearson to accept the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby adopts its original findings in File No. 010264 as its initial findings of fact. In addition, the Board finds that, under the 1968 code provisions covering existing parking garages, the Applicant would be required to maintain two (2) one-hour-rated egress stairways. The Board further finds that the open ramps of this facility could be utilized as an additional emergency means of egress. Finally, the Board finds that the one-hour-rated egress stairways would also provide a significant degree of protection to the firefighters attempting to suppress the fire.  It is the understanding of the Board that all other fire code deficiencies in this facility shall be 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.


CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the provisions of Section 23-28.17-2(b) in order to allow the Applicant to maintain the existing egress from the cited unoccupied basement areas.  In granting this variance, it is the understanding of the Board that two(2) of the areas are elevator rooms which have been provided with approved steel doors. It is the further understanding of the Board that this variance is consistent with Life Safety Standards.

2. The Board hereby grants a variance in order to allow the Applicant to completely open two (2) of the four (4) existing stairways within this facility. Specifically, the Board finds that the 1968 fire code covering this facility required only two (2) means of egress from this structure. Accordingly, two (2) of the existing stairways shall not be deemed to be egress stairways and shall not be required to comply with the fire code provisions, such as the handrail provisions, covering egress stairways. The Board notes that it has been advised by the Applicant that he shall open the above stairways in accordance with safe engineering practices. 
The remaining two (2) stairways shall be brought into compliance with the 1968 fire code requirements mandating a one hour fire rating of the required egress stairways of this existing structure. Specifically, the Applicant is directed to retrofit the existing metal and concrete door jambs of the two required egress stairways with one hour fire rated doors. 

The Board understands that the retrofitting of one hour fire rated doors in the existing steel and concrete door jambs of the egress stairways may not result in a listed one hour assembly. However, the Board directs the Applicant to work with the Providence Fire Marshal’s Office and to install the above one hour doors with approved hinges, latches, panic hardware and self-closing devices at the direction and to the satisfaction of the Providence Fire Marshal’s Office.
The Applicant shall be allowed to maintain a vision panel of 100 square inches of wired glass in each of the above one hour rated doors. As previously indicated, the Applicant is free to repetition the Board with a plan of action for the installation of larger fire rated vision panels in the newly installed doors and/or existing egress stairways provided that the required one hour fire rating is maintained. 

3. The Board hereby grants a variance from the provisions of section 23-28.17-4(a) in order to allow the Applicant to maintain the existing open ramps within the parking areas of this facility. In granting this variance, the Board notes that similar ramps have been considered approved as an alternative means of egress under the current provisions issues by the National Fire Protection Association.
 
4. The Board hereby directs the Applicant to correct deficiency #4 by providing the two approved egress stairways utilized by the public with approved handrails, installed at the direction and to the satisfaction of the Providence Fire Marshal’s Office.

5. The Board hereby grants a variance from the provisions of Section 23-28.17-12 in order to allow the parking area of this building not to be provided with approved fire extinguishers.  In granting this variance, it is the understanding and direction of the Board that the Applicant shall install and maintain two (2) manual standpipes within this facility for fire suppression purposes.  Finally, the Board directs the Applicant to provide the business office occupancy with an approved fire extinguisher, at the direction and to the satisfaction of the Providence Fire Marshal.

6. The Board hereby directs the Applicant to correct deficiency #6 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the Providence Fire Marshal.

7. The Board hereby directs the Applicant to correct deficiency #7 by providing this facility with approved exit signage, -at the direction and to the satisfaction of the Providence Fire Marshal.

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 Amended 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)].