The above-captioned case was scheduled for an emergency hearing on May 14, 2013 at 1:00 P.M.  At that time, Acting Chairperson Filippi and Commissioners Blackburn, Burlingame, Sylvester, Walker, Pearson and Dias were present.  Chairman Newbrook recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Susan L. Hawksley of the Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Sylvester to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 13, 2013 plan review report and conditional approval compiled by the Providence Fire Marshals Office along with a May 14, 2013 response to the above plan review report complied by ai designs, ltd.  The above plan review report and the Applicants response were utilized by the Board, the Applicant and the Providence Fire Marshals Office during the May 14, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the May 13, 2013 plan review report and conditional approval, along with the Applicants May 14, 2013 response, as its initial findings of fact.  Any modification of the Boards 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 grants a variance from the provisions of Chapter 7, section 7.3.1.2, and its referenced standards and tables, in order to allow the Applicant to provide a minimum of 105 square feet per person in the designated sleeping areas.  In granting this relief, the Board notes that this former health care facility is fully sprinkled and municipally alarmed and that there is sufficient additional living space available to the student occupants beyond the designated sleeping area.  
2.	It is the understanding of the Board that the Applicant shall correct Deficiency 2 by removing the cited laundry chute and sealing off the resulting opening with approved one hour materials, at the direction and to the satisfaction of the Providence Fire Marshals Office, during the first phase of this project. 
3.	It is the understanding of the Board that the Applicant has corrected Deficiency 3 by properly swinging the cited door providing access from the hallway into lounge 308, in the direction of egress travel, as requested by the Providence Fire Marshals Office. 
4.	The Board hereby grants a variance from the provisions of Chapter 7, section 7.5.1.6, in order to allow the Applicant to egress from the dormitory rooms at the fourth floor level through Classroom 408.  As a condition of this variance, the Board directs the Applicant to immediately remove all locks and locking devices from the door of Classroom 408 and to further provide Classroom 408 with a dedicated exit access route at the direction and to the satisfaction of the Providence Fire Marshals Office.  Specifically, the construction and/or the marking of the dedicated exit access route shall be to the satisfaction of, and approved by, the Providence Fire Marshals Office before the room is allowed to be maintained as a classroom.  Alternatively, the Applicant shall have the option of establishing room 408 as a student lounge without the necessity of either marking or constructing a dedicated exit access route.  In granting the above relief with the above conditions, the Board notes that the Providence Fire Marshals Office has no objection.
5.	The Board hereby grants a variance from the provisions of Chapter 7, section 7.4.1.1, in order to allow the Applicant to utilize an approved new perforated metal ramp and an approved new perforated exterior metal stair as an emergency means of egress from the fifth floor business offices to the third floor roof top.  The Board further grants a variance in order to allow the Applicant not to cover the above emergency exit ramp and stairs conditioned upon the Applicants agreement to properly maintain the above emergency egress system free of all snow and ice.  The Board notes that the Providence Fire Marshals Office has no objection in light of the Applicants agreement to properly maintain this emergency egress system, the limited occupancy of approximately ten (10) people, and the fact that the primary means of egress is fully sprinkled and alarmed. 
6.	The Board hereby directs the Applicant to correct Deficiency 6 by reducing the occupant load of the proposed open terrace on the fourth floor to less than fifty (50) people thereby creating a business rather than an assembly occupancy of this space at the direction and to the satisfaction of the Providence Fire Marshals Office.  Finally, the Board notes that all other required safeguards for this area shall be installed by the Applicant prior to occupancy.   
7.	It is the understanding of the Board that the Applicant shall correct Deficiency 7 by posting, and also providing to the Providence Fire Marshals Office, copies of all required drill plans, emergency instructions and other emergency plans prior to occupancy.

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)].