The above-captioned case was scheduled for hearing on July 25, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Fang, Coutu, Burlingame, Filippi, Evans and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Peter Adams of the Albion Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	
During the July 25, 2000 hearing on this matter, the Board was advised that the Applicant was seeking a variance from the provisions of section 26-3.1 of the Life Safety Code with regard to the proposed vertical openings of this facility.  The Board was further advised that the Applicant sought a second variance from the provisions of section 5-1.3.5 of the Life Safety Code with regard to the requirement of maintaining rated hallways.  As part of the plan of action for the above variances, the Applicant is proposing the installation of doors at the approximate center point of each hallway on each floor.  The Applicant is further proposing to install smoke detectors on each side of the above doors as well as at each landing in the stairways.  The Applicant shall further provide sprinkler heads on each side of the doors leading from each suite into the hallway.  Finally, the applicant shall provide the egress system with 5/8 inch sheetrock walls along with full sprinkler and fire alarm coverage.	

It is the understanding of the Board that all other fire code deficiencies, within this complex, shall be corrected by the Applicant.  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 variances from the provisions of sections 26-3.1 and 5-1.3.5 in order to allow the Applicant to maintain the proposed stairways and to  locate rated glass doors and assemblies within the egress system of this facility.  The above doors shall be further protected, on both sides, by approved sprinkler coverage, at the direction and to the satisfaction of the Albion Fire Marshal's office.  All remaining doors, including the centrally located hallway division doors, shall conform to the egress system fire rating requirements.  

As a condition of this variance, the Board directs the Applicant to provide this facility with an approved fire pump in order to provide the fourth floor level of this facility with sufficient water pressure.  The above fire pump shall be installed at the direction and to the satisfaction of the Albion Fire Marshal before occupancy.  As a final condition of this variance, the Board directs the Applicant to assure that each tenant in this complex shall have direct access to the corridors on each side of the proposed fire division door, thereby maintaining a total of two approved and remote means of egress. To accomplish this goal, the Board directs the Applicant not to lease a single floor of this facility to more than two tenants.

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 Applicant’s 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 Board’s 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 Board’s 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)].