The above-captioned case was scheduled for hearing on April 6, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, Coutu and Filippi 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 Burlingame and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a March 7, 2004 plans review report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the April 6, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the March 7, 2004 plans review report 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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal.)”

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance from the provisions of section 7.2.1.3.1 in order to allow the Applicant to maintain the existing step down at the door of this facility.  The above variance would also apply to all other existing doors determined to be in violation of the above provisions by the Providence Fire Marshal’s office.  This variance is granted on the basis of structural hardship.
	
2.  The Board hereby grants a variance from the provisions of section 7.2.2.5.1.1 and 7.1.3.2.1(1) in order to allow the Applicant to maintain the existing stairway servicing the basement electrical and mechanical rooms with an approved one-hour enclosure at the first floor level.  The above enclosure shall be enclosed at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
3.  The Board hereby grants a variance from the provisions of section 7.7.2 in order to allow the Applicant to maintain the existing exit configuration and load discharging at the basement level of this facility.  In granting this variance, the Board notes that this is normally an unoccupied space, used for the electrical and mechanical systems.  It is the further understanding of the Board that this space is sprinklered, has emergency lighting, and that the Providence Fire Marshal’s office has no objection.
	
4.  The Board hereby grants a variance from the provisions of sections 7.12.2 and 7.2.9.1 again to allow the existing exits from the basement of this facility for the reasons outlined in item 3 above.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 prior to occupancy of this facility.
	
6(a)(b). The Board hereby directs the Applicant to correct deficiencies 6(a) and 6(b) prior to occupancy of this facility.
	
7. The Board hereby grants variances from the provisions of sections 12.2.2.1, 38.2.2.1, and 7.2.2.4.1 in order to allow the Applicant to maintain the existing winding stairs within this facility.  This variance is based on structural hardship.
	
8.  The Board hereby directs the Applicant to correct deficiency 8 at the direction and to the satisfaction of the Providence Fire Marshal’s office.  Specifically, the Applicant is directed to make every good faith effort to bring the cited stairs into substantial compliance with the code, at the direction and to the satisfaction of the Providence Fire Marshal; and when the Providence Fire Marshal’s office is satisfied, the Board shall be satisfied.
	
9.  The Board hereby grants a variance from the provisions of section 12.2.2.3.1, 38.2.2.3.1 and 7.2.2.4.5 in order to allow the Applicant to bring the cited handrails into compliance with the 1997 version of NFPA 101 at the direction and to the satisfaction of the Providence Fire Marshal’s office.  The Board further grants a variance from the above provisions as they relate to the residual stair width.
	
10.  It is the understanding of the Board that the Applicant has corrected deficiency #10 at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
11.  It is the understanding of the Board that the Applicant has corrected deficiency #11 at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
12.  The Board hereby grants a variance from the provisions of section 12.3.1, 38.3.1.1, 8.6.2 and 8.2.3.3 in order to allow the Applicant to maintain the existing continuity of construction of the cited shafts within this facility as outlined in deficiencies 12(a) and 12(b).
	
13(a).  It is the understanding of the Board that the Applicant has corrected deficiency 13(a) at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
13(b).  The Board hereby directs the Applicant to refer deficiency 13(b) to the State Fire Marshal and State Building Commissioner for their consideration as to the placement of sprinkler heads in the newly installed hydraulic elevator machine rooms and hoistway pits.
	
13(c).  It is the understanding of the Board that the Applicant has corrected deficiency 13(c) at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
14.  The Board hereby directs the Applicant to correct deficiency 14 by providing the Providence Fire Marshal with a listing of the use of fabrics, curtains and similar finishes throughout this facility prior to occupancy.
	
15.  The Board hereby directs the Applicant to correct deficiency 15 by addressing all fire alarm issues to the Providence Fire Marshal’s Office Division of Telecommunications, prior to occupancy of this facility.
	
16.  The Board hereby directs the Applicant to correct deficiency 16 by providing this facility with approved portable fire extinguishers, at the direction and to the satisfaction of the Providence Fire Marshal’s office prior to occupancy.

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)].