The above-captioned case was scheduled for hearing on March 30, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Coutu and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Hawthorne of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook 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 an October 24, 2003 inspection report compiled by the Cranston  Fire Marshal’s Office.  The above report was initially utilized by a subcommittee of the Board, during a March 23, 2004 on-site visit to the facility.  The report was subsequently utilized by the Board, the Applicant and the Cranston Fire Marshal’s Office during the March 30, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the October 24, 2003 inspection 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)”.

Finally, the Board finds that the Applicant has developed an approved plan of action for upgrading the fire safety of this facility.  Specifically, the plan of action for the City Hall requires a three (3) year budget cycle.  In year one (beginning July 1, 2004) the Applicant shall provide this facility with an approved water main and install the initial portion of the sprinkler system to the fourth floor attic.  The Applicant shall also install sprinkler coverage on the two (2) egress stairways on both ends of the hallways.  The Applicant is also in the process of determining whether the egress doors within the stairways are fire rated.  If this cannot be documented, the sprinkler coverage will be placed on each side of the cited doors.  The design of the sprinkler system update of the smoke detector system, tactile signage, emergency evacuation plans, emergency lighting, fire drills, redesign of the counter top of the Tax Collector’s office and removal of the draperies will be completed within the first six (6) months of the 2004-2005 fiscal year.

In year two, (from July 1, 2005 until June 30, 2006), the Applicant shall provide the first, second and third floors with sprinkler coverage installed with sprinkler heads being placed on each side of the doors along the egress corridors. 

In year three, (from July 1, 2006 until June 30, 2007), the Applicant shall provide the final stage of the sprinkler installation which will penetrate the council chambers and the four (4) vaults.  A complete upgrade of the current fire alarm system will be completed at that time to interface with the sprinkler system.
	
In light of the Applicant’s agreement to comply with the above plan of action, at the direction and to the satisfaction of the Cranston Fire Marshal’s Office, the Board hereby grants the following relief as outlined below:
	
1. The Board hereby grants a variance from the provisions of table 6.1.14.4.1 in order to allow  the Applicant to maintain the existing separation between occupancies.  In granting this variance, the Board notes that the existing separation most probably complies with the requirements.  However, the Applicant has been unable to provide documentation as to the original construction of this separation.
	
2. The Board hereby grants a variance in order to allow the city to voluntarily limit the council area occupancy of the council chambers to forty five (45) people.  Specifically, the calculated bench occupancy of the public area of the council chamber shall remain at one hundred (100) people seated.  However, the remaining 1271 square feet, occupied by the council and their staff, shall be allowed to be reduced to a maximum of forty five (45) people.  The Applicant has made this request in order to not be required to provide additional egress from the council area as outlined below.
	
3. It is the understanding of the Board that deficiency #3 is informational in nature and not a violation of the state fire code.
	
4. It is the understanding of the Board that the Applicant has corrected deficiency #4 as it relates to the width of the doors throughout this building. 
	
5. It is the understanding of the Board that deficiency #5 is informational in nature and that the center stairway shall not be deemed an egress stairway but rather as a supplemental stairway.
	
6. The Board notes that deficiency #6 is moot because the center stairway is not deemed an egress stairway.
	
7. The Board hereby grants a variance from the provisions of section 7.2.2.5.3 in order to allow the Applicant to maintain the existing rooms that are accessed off the stairways of this facility.  In granting this variance, the Board notes that the Applicant shall provide the stairway with approved sprinkler coverage as outlined in the plan of action above.  It is the understanding of the Board that the Applicant has corrected the remainder of deficiency #7 by removing the waste cans and vending machines that were located within the subject stairways.  

Finally, the Board directs the Applicant to either maintain the stairway doors closed at all times or to provide these doors with approved alarm activated hold open devices.  The Applicant is forbidden from holding these doors open with a door chock.  In the event that the Cranston Fire Marshal’s Office reveals that the Applicant is holding the doors open with door chocks, the Applicant is directed to immediately provide the subject doors with approved magnetic hold open devices tied into the fire alarm system at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.
	
8. The Board hereby grants a variance from the provisions of section 7.1.3.2.1 in order to allow the Applicant to maintain the existing doors and door frames and hardware used in the egress stairs of this facility in conjunction with the sprinkler coverage as outlined in the Applicant’s plan of action.
	
9. The Board hereby grants a variance from the provisions of section 13.2.3.6 in order to allow the Applicant to maintain the council chambers without an approved main entrance/exit.  In granting this variance to allow the council chambers to maintain their existing access and egress, the Board notes that the Applicant shall provide sprinkler coverage in the corridor leading to the council chamber in year two and further provide a head within the council chamber during that phase of the operation.
	
10. The Board hereby grants a variance from the provisions of section 13.2.5.1 in order to allow the Applicant to maintain the current common path of travel for the assembly area of this facility.  This variance is granted pursuant to the Board’s understanding that the Applicant shall provide the sprinkler coverage to the egress system servicing assembly area within year two of the plan of action.
	
11. The Board hereby grants a variance from the provisions of section 13.2.6 in order to allow the Applicant to maintain the existing travel distance to exit of this facility.  This variance is granted pursuant to the Applicant’s agreement to provide this facility with sprinkler coverage as outlined for year two of the plan of action.
	
12. The Board hereby grants a variance from the provisions of section 13.3.3.1 in order to allow the Applicant to maintain the existing interior finishes throughout this facility in conjunction with the approved plan for sprinkler coverage as outlined above.
	
13. The Board hereby directs the Applicant to correct deficiency #13 by upgrading the interior furnishings of this facility in accordance with the plan of action approved by the Board and at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.
	
14. The Board hereby directs the Applicant to correct deficiency #14, as it relates to the emergency lighting of this facility, within the first six (6) months of year one of the Applicant’s plan of action.
	
15. The Board hereby directs the Applicant to correct deficiency #15, as it relates to the tactile signage in this facility, within the first six (6) months of year one of the Applicant’s plan of action for this facility.
	
16. The Board hereby directs the Applicant to correct deficiency #16, by providing this facility with an approved evacuation plan and approved drills, within the first six (6) months of year one of the Applicant’s plan of action as outlined above.
	
17. It is the understanding of the Board that deficiency #17 is now moot in light of the Applicant’s reduction of occupancy on the third level of this facility.
	
18. The Board hereby grants a variance from the provisions of section 39.2.4.1 to allow the Applicant to maintain the existing egress in conjunction with the cited sprinkler coverage of the Applicant’s plan of action.  Finally, as a condition of this variance, the Applicant  is directed to place a swing gate in the Tax Collection Office, at the direction and to the satisfaction of the Cranston Fire Marshal’s Office, during the first six (6) months of year one of the Applicant plan of action.
	
19. The Board hereby grants a variance from the provisions of section 39.2.5.3.3 in order to allow the Applicant to maintain the cited common paths of travel from the record storage vault on the second floor of this facility and the lower level of the tax collection vault.  This variance is granted pursuant to the Applicant’s agreement to provide sprinkler coverage for this facility as outlined above.
	
20. The Board hereby grants a variance from the provisions of section 39.3.1.1 in order to allow the Applicant to maintain the existing protection of the stairways of this facility in conjunction with the approved sprinkler coverage as outlined in the Applicant’s plan of action.
	
21. The Board hereby grants a variance from the provisions of section 39.3.2 in order to allow the Applicant to provide and maintain storage areas on the fourth floor of this facility in accordance with its plan of action.  The Board further directs the Applicant to eliminate the storage occupancy in the basement of this facility and to fully comply with NFPA 232.  The above variances are granted pursuant to the Applicant’s plan for sprinkler coverage of the attic and egress system of the facility.

22. The Board hereby grants the Applicant a time variance in order to upgrade the fire alarm system of this facility with smoke detection within the first year of its plan of action.  Specifically, the Applicant shall upgrade the smoke detection of the fire alarm system of this facility, at the direction and to the satisfaction of the Cranston Fire Marshal on or before June 30, 2005.  The Board hereby directs the Applicant to complete the upgrading of the fire alarm system of this facility, as outlined above, in fiscal year three of the Applicant’s plan of action.	
	
23. The Board hereby directs the Applicant to immediately correct deficiency #23 by properly providing and maintaining fire extinguishers throughout this facility.
	
24. The Board hereby directs the Applicant to correct deficiency #24 by providing an emergency escape plan and further providing fire drills at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.
	
25. The Board hereby grants a variance from the provisions of section 7.2.2.4.4.6 in order to allow the Applicant to maintain the existing cited handrails on the stairs within this facility.  This variance is granted on basis of structural hardship to allow the Applicant to maintain the handrail system of this facility in light of the Applicant’s agreement to fully sprinkler the egress stairs containing these handrails.
	
26. The Board hereby grants a variance from the provisions of section 7.1.5.1.1 in order to allow the Applicant to maintain the existing ceiling height in the egress corridor from the Tax Assessor’s Office on the basis of structural hardship.  In granting this variance, the Board directs the Applicant to appropriately mark the area, at the direction and to satisfaction of the Cranston Fire Marshal’s Office.
	
27. The Board hereby directs the Applicant to correct deficiency # 27 by training the occupants of this building in the use of fire extinguishers, at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.
	
28. It is the understanding of the Board that the Applicant has corrected deficiency #28 by removing any stored paint and flammable cleaners in the assembly corridor of this facility.
	
29. It is the understanding of the Board that the Applicant has corrected deficiency #29 by providing this building with approved identification.	
	
30. It is the understanding of the Board that the Applicant has corrected deficiency #30 by eliminating the open ground to the electrical outlet in the council chambers.
	
31. The Board hereby directs the Applicant to correct deficiency #31, at the direction and to the satisfaction of the Cranston Fire Marshal’s Office, within year one of the Applicant’s plan of action.
	
32. The Board hereby grants a variance from the provisions of section 12.7.3.1 in order to allow the Applicant to maintain the existing fire doors with approved sprinkler coverage as outlined in the plan of action above.
	
33. The Board hereby directs the Applicant to correct deficiency #33 in accordance with the plan of action for archive storage within this facility as outlined above.
	
34. The Board hereby directs the Applicant to provide an approved fire rating of the sound proofing material on the doors leading to the mayor’s office and to further allow for a proper operation of the door latches on the sound proof doors by either extending the clearance between the sound proofing and the latch or providing an extended latch to allow for free swing over the sound proofing, at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.
	
35. As a condition of the variances granted herein, the Board directs the Applicant to comply with the plan of action outlined in the findings of facts section above, as presented to, and modified by, the Board on March 30, 2004.  The Board hereby maintains this as an open file in the event that the Applicant has additional questions or request additional relief.

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)].