The above-captioned case was scheduled for hearing on November 21, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Coutu, Richard, Filippi, Pearson and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond initially with those of a February 16, 1999 plan review report complied by the Providence Fire Marshal’s Office.  The remaining numbers of the decision below correspond with those of in April 5, 2000 plan review report compiled by the Providence Fire Marshal's office. The above reports were utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the November 21, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the February 16, 1999 and April 5, 2000 plan review reports as its initial findings of fact.  Any modification of the Board’s 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
The February 16, 1999 plan review report.

1. The Board hereby grants a variance from the provisions of life safety code sections 26-2.1.1, 5-1.3.2.1 and 6-2.3.2.3.1(a) in order to allow the Applicant to install doors with “Firelite” glass, and sprinkler coverage, separating the tenant spaces from the elevator/main stairwell area.  Specifically, this variance to allow the Applicant to maintain the one-hour fire rating of the above separation doors which will be further enhanced by sprinkler coverage on both sides of the doors as well as the staircase. The Board hereby directs the Applicant to provide the above system at the direction and to the satisfaction of the Providence Fire Marshal.

2-7 The Board hereby directs the Applicant to correct deficiencies 2, 3, 4, 5, 6 and 7, at the direction and to the satisfaction of the Providence Fire Marshal.  The Board further directs the Applicant to initially review all planned future work in this facility, with the Providence Fire Marshal, prior to the commencement of the future work.

The April 5, 2000 plan review report.

1. The Board hereby grants a variance from the provisions of life safety code section 8-3.2.1.1, in order to allow the Applicant to relocate the boiler room of this facility to the fifth floor, in a two-hour enclosure, as outlined in the April 5, 2000 plan review report.  In granting this variance, the Board notes that the boiler was originally surrounded by a place of assembly.  The Board further notes that the place of assembly now has two alternative means of egress and that this building is fully sprinkled.

2. The Board hereby grants a variance from the provisions of life safety code sections 26-2.2.2.1 and 5-2.1.3 in order to allow the Applicant to maintain the proposed nine-inch step down, at the boiler room door, to the stairway landing outside of the boiler room.  In granting this variance of the basis of structural hardship, it is the understanding of the Board that the cited stairway is utilized only for mechanical access and, as such, is rarely used.

3. The Board hereby grants a variance from the provisions of life safety code sections 26-2.2.3.1 and 5-2.2.2.5 in order to allow the Applicant maintain the existing swing of the cited boiler room door located on the fifth floor of this facility.

4. The Board hereby grants a variance from the provisions of life safety code sections 26-2.2.3.1 and 5-2.2.2.5 door to allow the Applicant to maintain the existing winding stairway, servicing the new boiler room, of this facility.  This variance is granted the basis of structural hardship.

5. The Board hereby directs the Applicant to correct deficiency 5 by providing the cited stairway with an approved handrail installed at the direction and to the satisfaction of the Providence Fire Marshal.

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)].