A hearing involving the above-captioned case was conducted on 3/11/2014 at 1:00 P.M.  In attendance at the hearing were the following: Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Walker, Thornton, Richard and Burlingame.  Also in attendance was Department of Administration Deputy Legal Counsel Peter N. Dennehy.  The authority having jurisdiction was represented by Assistant Deputy State Fire Marshals Scott Derry and Christopher Dillon of the Providence Fire Marshals Office.  The Applicant was represented by Mr. Timothy Wensus of Hughes Associates, Mr. Jerry DelSignore and Mr. Dominic Ciolino.  A motion was made by Commissioner Thornton and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed unanimously.

TRAVEL OF THE CASE

	1.  This project was previously before the Board on June 25, 2013 wherein Hughes Associates presented a plan of action dated May 6, 2013.  Following that hearing, Decision 130075 was issued with a mailing date of July 17, 2013 which granted various relief on five (5) items and maintained the file open pending further review.
	2.  A supplemental plan of action for the above property was presented by Hughes Associates dated February 18, 2014 requesting a modification to the original decision as well as addition relief on two (2) items.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal 140020 and are pertinent to the decision rendered:

1.	Variance Application 130075A (130075) dated May 30, 2013.
2.	Board Decision 130075 dated July 17, 2013.
3.	Hughes Associates Plan of Action dated February 18, 2014.
4.	Letter from AHA Consulting Engineers dated February 10, 2014.
5.	Project construction drawings (5 pages) from Ann Beha Architects dated August 23, 2013.
6.	Conditional Plan Approval letter from Providence Fire Prevention Division dated February 19, 2014.

FINDINGS OF FACT

	The numbers of the Decision below correspond with those of the 2/18/2014 plan of action compiled by Hughes Associates.  The above plan of action was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the 3/11/2014 hearing on this matter.  Accordingly, the Board hereby incorporates the 2/18/2014 plan of action and Board Decision 130075 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 the Applicant a variance from the provisions of sections 7.2.2.2.1.1(b) and 7.3.4.1(2) allowing the elimination of the proposed Stair 6 from the scope of the project and allowing the existing open stairway and balcony located in Art Studio 302 to remain in use as the attics means of egress.  In granting this relief, it is the understanding of the Board that the existing guardrail systems along the stairway and balcony will be upgraded to comply with section 7.2.2.4.5.2
	2.  The Board hereby grants the Applicant a variance from the provisions of section 7.7.3.4 allowing the use of Stair 1 in the new Community & Performing Arts Center without requiring the installation of a stairway interrupting gate at the level of exit discharge.
	3.  The Board hereby grants the Applicant an equivalency variance from the provisions of section 9.6.9.2 and NFPA 72 section 6.4.2.2.2 allowing the existing fire alarm outgoing and return wiring presently installed in the same conduit(s) [cast in place during construction of the building] to be deemed a Class A installation.
	It is the understanding of the Board in granting the above relief that there is no objection by the Providence Fire Marshals Office.  In granting this relief, the Board directs that the Providence Fire Marshals Office shall have seven (7) days from the date of the hearing to review the relief requested in item 3 and advise the Board of any objections thereto.  In light of the ongoing nature of this project, the Board hereby shall keep this file open during the continued 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)].