As indicated in the file, a hearing involving the above-captioned property was conducted on May 20, 2014 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairperson Filippi and Commissioners Booth, Burlingame, Jackson, Richard, Sylvester and Thornton.
Department of Administration Deputy Chief Legal Counsel Peter N. Dennehy.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Timothy Lutz, Sr. and Richard Vespia of the Providence Fire Marshals Office.
APPLICANT: Joseph Watson (Hughes Associates), Michael Kerin and Larry Trim.
TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Alan Sepe (Director of Operations) of 25 Dorrance Street, Providence, RI dated April 15, 2014.
3.	The Application was received by the Board and File  140049 opened on April 30, 2014.
4.	A hearing on the Application was conducted on May 20, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Sylvester to grant the Applicant relief as outlined herein.  The motion passed on a 7 to 1 vote with Commissioner Richard voting in opposition.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140049 and are pertinent to the decision rendered:

1.	Variance Application  140049 dated April 15, 2014 and filed on April 30, 2014.
2.	E-Mail sent by ADSFM Richard Vespia of the Providence Fire Marshals Office to the Board dated April 29, 2014.
3.	Letter with building elevations (2) sent by Joseph J. Watson of Hughes Associates to the Board dated March 24, 2014.

EXHIBITS

The following documents were presented at the May 20, 2014 hearing as exhibits:

1.	Letter of authorization for Michael Kerin from Alan Sepe dated May 14, 2014.
2.	Building elevations  8, 9, 14 & 15.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below correspond with those of the March 24, 2014 plan of action report compiled by Hughes Associates.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the May 20, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the March 24, 2014 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.
2.	The building is an existing 4-story educational occupancy, originally constructed in the 1930s.
3.	The building presently houses students in grades K and 1 on the lower and main levels.  Grades 2 through 8 are planned to be added upon completion of the ongoing renovations and will occupy the upper floors.
4.	The building is provided with total automatic sprinkler protection on the lower and main levels and partial protection on the upper two floors, which are not presently occupied.
5.	The building is provided with a compliant fire alarm system throughout with emergency forces notification.
6.	There are eight (8) means of egress from the lower level and seven (7) means of egress from the main level.
7.	Due to the grading of the site, both the lower level and the main level function as levels of exit discharge for the respective floor.
8.	There are no restrictions as to allowable building height or construction type for existing educational occupancies impacted by a determination of level(s) of exit discharge.
9.	The Providence Fire Marshals office neither supports or opposes the relief granted herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board grants the Applicant a variance from the provisions of RILSC sections 3.3.83.1, 15.2.1.2 and 15.2.1.3 to allow the existing egress system arrangement for the lower level and the main level to remain in use and that both levels are considered to be levels of exit discharge.
2.	In consideration of the relief granted herein, the Board directs that the Applicant develop and implement a plan of action for the segregation of student ages groups when conducting periodic fire drills.

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).

STATUS OF DECISION AND APPEAL RIGHTS

1.	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).
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2.	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).
3.	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).
4.	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)].