The above-captioned case was scheduled for hearing on July 23, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Booth, Jackson, Sylvester, Burlingame, Richard and Pearson were present.  Commissioner Thornton recused herself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Timothy Lutz and Richard Vespia of the Providence Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioner Sylvester 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 24, 2013 plan of action report developed by the Applicants representative, Hughes Associates, Inc..  The above report was utilized by the Board, the Applicant, the Applicants engineer and the Providence Fire Marshals Office during the July 23, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the May 24, 2013 plan of action report 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 section 7.1.5.1.1 and its referenced standards in order to allow the Applicant to maintain the cited minimum headroom throughout this facility.  In granting this relief, the Board notes that in certain designated areas as outlined on the May 24, 2013 plan of action report, the Applicant shall mark the low ceiling points with contrasting tape and padding.
	2.  The Board hereby grants a variance from the provisions of sections 7.1.3.2.1 and 8.2.3.3 in order to allow the Applicant to maintain the existing construction of Stair S-2 and not to further require continuity of construction based upon the structural issues surrounding this stairwell.  This variance is further granted pursuant to the additional fire safety systems outlined in the May 24, 2013 plan of action report.
	3.  The Board hereby grants a variance from the provisions of Table 13.1.6 and its referenced standards in order to allow the unprotected steel that forms part of the roof construction to be permitted to remain in its current use and to further allow the assembly occupancy to remain on the third floor level based upon the fire protection systems and the construction of this building.  
	4.  The Board hereby grants a variance from the provisions of section 13.3.1 and its referenced standards in order to allow the cited open monumental stair, S-5, to be permitted to remain in its current arrangement and used as part of the means of egress from levels 2 and 3, based upon the fire protection systems and the building modifications as outlined in the May 24, 2013 plan of action report.
	5.  The Board hereby grants a variance from the provisions of section 8.15.4.1 in order to allow the Applicant to maintain the current open monumental stair, S-5, without the addition of the use of draft stops and/or concentrated sprinkler coverage.  
	6.  The Board hereby grants a variance from the provisions of section 13.2.4.2 in order to allow the use of the open monumental stair, S-5, as part of the means of egress from the second floor and to further allow egress travel through room 222 to reach stair S-1. 
	7.  The Board hereby grants a variance from the provisions of section 13.2.4.2 in order to allow the Applicant to use the open monumental stair, S-5, as part of the means of egress from the third floor of this facility and to further allow egress travel through room 303 to reach stair S-2.
	8.  The Board hereby grants a variance from the provisions of sections7.2.2.4.4 and 7.2.2.4.5 in order to allow the Applicant to maintain the existing handrails and guardrails in their current arrangement throughout the facility based upon existing construction and structural hardship.  In granting this relief, it is the understanding of the Board that the Providence Fire Marshals Office has no objection to the plan of action based upon the additional safeguards being placed within this facility.  Finally, the Board notes that the Applicant shall provide this facility with all required fire alarm and other upgrades prior to re-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)].