The above-captioned case was scheduled for hearing on October 31, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Preiss, Newbrook, Richard, Filippi, Pearson and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that the subject facility, Memorial Hall, is an existing building located at the Rhode Island School of Design in Providence.  The Board further finds that the existing building contains primarily classroom space and has an approximate footprint area of 7,215 square feet and is four (4) stories in height with a partial basement.  The Board further finds that the building is constructed of Type III(200) unprotected combustible construction.
	The Board further finds that the proposed renovation project involves the gut renovation and partial building construction upgrade of Memorial Hall.  The Board further finds that the two newly constructed two-hour fire resistance rated enclosed exit stairs will serve all four floors of the building with both discharging on the second floor.  The Board further finds that there is a fan room located at the roof above the new stair enclosures and is accessed by a single alternating tread device from the floor below.  The Board finds that the configuration involving a single means of egress by alternating tread device is not code compliant with the provisions of the RI Life Safety Code.  The Board further finds that the Applicant has presented a comprehensive plan of action addressing this issue and that the Providence Fire Marshal's office believes the plan of action to be reasonable.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of sections 40.2.2.12 and 7.2.11.1 in order to allow the Applicant to implement its plan of action, as outlined herein, at the direction and to the satisfaction of the Providence Fire Marshal's office, prior to re-occupancy of this facility.  In granting this relief, the Board notes that the fan room is expected to be occupied only by a single person at a time for the purpose of maintenance of the mechanical equipment.  The Board further notes that the common path of travel from the space is less than one hundred feet.  Accordingly, the Board notes that while not in strict compliance with the provisions of section 7.2.11(3) the use of an alternating tread device in this instance meets the intent of the code.  The Board further directs the Applicant to provide the following upgrades as a condition of the variance granted herein.  
	The Board directs that the alternating tread device servicing the fan room will be enclosed in a two-hour construction separated from the adjacent stair enclosures.  The Board further directs that as part of the project, Memorial Hall will be fully sprinklered.  The Board further directs that in order to provide early notification of a fire, the entire building will be provided with full smoke detection pursuant to NFPA 72.  Finally, the Board directs that the fan room shall only contain mechanical fans servicing the building and that no fuel-fired equipment or storage of any kind will be permitted in the fan room space.

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)].