The above-captioned case was scheduled for hearing on June 25, 2013 at 1:00 P.M.  At that time, Vice Chairperson Filippi and Commissioners Burlingame, Sylvester, Thornton, Walker, Booth and Jackson were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Jackson 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 May 6, 2013 plan of action developed by the Applicants engineer, Hughes Associates.  The numbers of the decision below also correspond with those covered in a May 30, 2013 review letter by the Providence Fire Marshals Office.  Accordingly, the Board hereby incorporates the May 6, 2013 plan of action along with the May 30, 2013 review letter 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 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS

1.  The Board hereby grants a variance from the provisions of sections 7.1.3.2.1(2) and 7.1.3.2.2 in order to allow the Applicant to maintain the existing glass wall and light well with approved sprinkler detection as part of the egress system within this facility, as outlined in the May 6, 2013 plan of action submitted by the Applicants engineer.  Specifically, the Applicant shall be allowed to construct and protect the egress system as proposed.  In granting this relief, it is the understanding of the Board that the Providence Fire Marshals Office has no objection.
2.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1.1(b) in order to allow the Applicant to maintain the existing minimal dimensional requirements for the existing stairways of this facility, including the width requirement of thirty-six (36) inches.  It is the understanding of the Board that the Applicant shall address and correct the guardrail height of the existing guards on the existing stairs at the direction and to the satisfaction of the Providence Fire Marshals Office.  The Board further directs the Applicant to address the hand rail height, at the direction at the direction and to the satisfaction of the Providence Fire Marshals Office.  Accordingly, if the Providence Fire Marshal is satisfied with the hand rail and guard rail height, the Board shall be satisfied.  Finally, the Board hereby grants a variance in order to allow the Applicant to implement the remainder of the plan outlined in the May 6, 2013 plan of action.
3.  During the June 25, 2013 hearing on this matter, the Board was advised that the Applicant would discontinue use of the cited existing original stairway as a means of egress.  Accordingly, the Board finds that this item is moot and that the decommissioned stairway shall no longer be required to adhere to the requirements of the means of egress.  Finally, the Board notes that the Providence Fire Marshals Office has no objection to this determination.
4.  The Board hereby grants a variance from the provisions of section 7.2.4.1.1 in order to allow the Applicant not to consider a back to back fire resistant rated exterior wall as a horizontal exit.  In granting this relief, it is the understanding of the Board that the Providence Fire Marshals Office has no objection.
5.  The Board hereby reaffirms its original variance granted on May 1, 1990, wherein it permitted the central stairway in the Prescott Library.  The Board hereby adopts the Applicants May 6, 2013 description of this central stairway.  Finally, the Board notes that the Providence Fire Marshals Office has no objection to the reaffirmation of this relief.
6.  In light of the ongoing nature of this project, the Board hereby shall keep this file open during the plan review process.

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)].