The above-captioned case was scheduled for hearing on July 24, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Preiss, Jackson, Jasparro and Walker were present.  Chairman Coutu sat as a Commissioner during this hearing.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Lutz of the Providence Fire Marshals Office.  A motion was made by Chairman Coutu and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the July 24, 2007 hearing on this matter, the Board was advised through testimony and documentation that the current uses of this facility (restaurant, art gallery, office and art storage) are remaining the same.  The Board was further advised that the Applicant is proposing new additions of 2,760 square feet to this facility.  The additions at the rear (north) of the building, will be built on top of existing and new foundations, which are the property line.  The Applicant has submitted a list of seven (7) requested variances.  The Applicant has further requested consideration of three (3) new items and a request to leave the file open during the construction phase of this project.  It is the understanding and direction of the Board that, with the exception of the requested relief, the Applicant shall fully comply with the remaining provisions of the code.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the July 24, 2007 hearing on this matter, the Board was advised that all new construction within this complex shall be at least one-hour protected and that the doors would be protected by sprinkler coverage.  The Board hereby grants a variance from the provisions of sections 13.3.1 and 8.6.5 in order to allow the Applicant to maintain the cited existing stairway walls.  The Board further grants a variance from the above provisions in order to allow the Applicant to protect the cited doors with approved sprinkler coverage.
	2.  The Board hereby grants a variance from the provisions of section 7.1.3.2.1(5) in order to allow the Applicant to maintain the two (2) new bathrooms inside the hallway of the stairway of the Seril Dodge Building and to further maintain lavatory 206 in the stairwell of the Art Club Building at the second level.  In granting this relief, it is the understanding and direction of the Board that the walls will be protected with one-hour construction with sixty-minute fire rated doors.
	3.  The Board hereby grants a variance from the provisions of section 7.2.2.4.4.1 in order to allow the Applicant to maintain the existing height and dimension of the hand rails within this facility.
	4.  The Board hereby grants a variance from the provisions of section 7.2.2.4.4.10 in order to allow the Applicant not to provide the existing hand rails with rail extensions.
	5.  The Board hereby grants a variance from the provisions of section 7.2.2.2.4. in order to allow the Applicant to maintain the existing winding stairs within this facility.
	6.  The Board hereby grants a variance from the provisions of section 7.2.1.4.1 in order to allow the Applicant to maintain the existing sliding door between the multi-purpose room and the old gallery room.  In granting this relief, it is the understanding of the Board that there will be direct exits to grade from both portions of this room, and that no exit signs shall be posted over the glass door.
	7.  The Board hereby grants a variance from the provisions of section A.7.2.1.2.3 in order to allow the Applicant to maintain the existing height of the door from the Green Room 121. 
	8.  The Board hereby grants a variance from the provisions of section 7.2.1.4.2 in order to allow the Applicant to maintain the existing door swing of the exit door from the Seril Dodge stairway as well as the lobby of 10 Thomas Street.  This variance is based upon structural hardship in that re-swinging the doors over the sidewalk could impede pedestrian traffic.
	9.  The Board hereby grants a variance from the provisions of section 7.2.1.3.2 in order to allow the Applicant not to provide a landing equal to the width of the door leaf at the existing exit doorway at 10 Thomas Street.
	10.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing wainscoting within this facility in conjunction with an upgraded fire alarm system and the installation of quick-response sprinkler heads.  In granting this variance, it is the understanding and direction of the Board that no wainscoting exists or shall be allowed in the means of egress.
	11.  At the request of the Applicant, and in the absence of an objection by the Providence Fire Marshal's office, the Board hereby directs that this file shall remain open until the final certificate of occupancy is issued for this facility. 

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)].