The above-captioned case was scheduled for hearing on June 8, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Pearson, Filippi, O’Connell and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Burlingame 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 in sequence with those of an April 29, 2004 plan of action report prepared by the Applicant’s architect in conjunction with the Providence Fire Marshal’s Office.  The Board further notes that the Applicant has submitted an April 20, 2004 building description which the Board hereby incorporates as its initial finding of fact.  In light of the complexity of this complex, part of the motion made above was to maintain this as an open file in the event that either the Applicant or the Providence Fire Marshal’s Office needed relief or clarification prior to conclusion of this major upgrade project. 

CONCLUSIONS AND VARIANCE REQUESTS
Taft Avenue Building

1(a),(b) and (c). The Board hereby grants a variance from the provisions of section 15.2.3.2 in order to allow the Applicant to maintain the existing width of the cited corridors within this complex.  This variance is granted on the basis of structural hardship in the absence of an objection by the Providence Fire Marshal’s Office. 
	
2. The Board hereby grants a variance from the provisions of section 15.2.2.3.2 in order to allow the Applicant to maintain the existing cited stairs at the northwest corner of the 3rd level of assembly (stair 10).  In granting this variance, the Board notes that there were two (2) other exits from this room to provide the students with ample egress.
	
3. The Board hereby grants a variance from the provisions of section 7.2.2.5.3 in order to allow the Applicant to proceed with his plan to provide a new elevator and elevator machine room that would open into the new stair being added to the Taft Avenue building.  In granting this variance, it is the understanding of the Board that this is permitted by the building code and that the stair being added to the Taft Building is actually a stair of convenience.  Therefore the Providence Fire Marshal’s Office has no objection.

Meeting House Building
	
4. The Board hereby grants a variance from the provisions of section 15.2.3.2 in order to allow the Applicant to maintain the existing width of the corridor leading from the main assembly area at the first floor to the northwest exit.  In granting this variance, it is the understanding of the Board that the Providence Fire Marshal’s Office has no objection based on structural hardship and the fact that the corridor is not part of the daily route of the students in this facility.
	
5. The Board hereby grants a variance from the provisions of section 15.2.2.3.2  in order to allow the Applicant to maintain the existing stairs at the northwest corner of the building.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Providence Fire Marshal has no objection and that the stairs would qualify as class B.	
	
6. The Board hereby grants a variance from the provisions of section 7.3.1.4 in order to allow the Applicant to maintain the cited reduction of the width of the stair landing at the base of the northwest stairs of this facility.  This variance is granted on the basis of structural hardship in the absence of an objection by the Providence Fire Marshal’s Office.
	
7. The Board hereby grants a variance from the provisions of section 7.2.1.3.2 in order to allow the Applicant to maintain the convenience stairs on either side of the cited platform leading down to the main level.  This variance is also based on structural hardship in the absence of an objection by the Providence Fire Marshal’s Office.
Temple Building

8. The Board hereby grants a variance from the provisions of section 15.2.2.3.2 in order to allow the Applicant to maintain both sets of stairs at the north side of the building (stairs 3 and 4).  In granting this variance, it is the understanding that the stairs are not generally utilized by the students as part of their routine and that assembly occupancies would allow class B stairs.
	
9. The Board hereby grants a variance from the provisions of section 7.3.1.4 and 7.2.2.2.1 in order to allow the Applicant to maintain the existing width and to allow the limited decrease in the correction of exit travel in the cited northwest stairs (stairs 4) and northeast stairs (stairs 3).  This variance is granted on the basis of structural hardship in the absence of an objection by the Providence Fire Marshal’s Office.
	
10. The Board hereby grants a variance from the provisions of section 7.2.2.2.4.3 in order to allow the Applicant to maintain the existing winders in stairs 3 and 4 of this facility based on structural hardship.
	
11. It is the understanding of the Board that deficiency #11 meets the code and is no longer a violation.
	
12. The Board hereby grants a variance from the provisions of section 13.2.5.6.3 and 13.2.5.6.5 in order to allow the Applicant to maintain the existing construction and configuration of the two (2) aisles at the balcony of this facility.  The Board further would allow for the Applicant to maintain the existing tread as cited.
	
13. The Board hereby grants a variance from the provisions of section 7.2.1.3.2 in order to allow the floor in the choir loft not to be level on both sides of cited doors as outlined in item #13 of the Applicant’s report.
	
14. The Board hereby grants a variance from the provisions of section 15.2.4 in order to allow the Applicant to maintain the existing exit system from the cantor’s office of this facility on the basis of structural hardship.
	
15. The Board hereby grants a variance from the provisions of section A7.1.3.2.1(2) in order to allow, at the top of stairs 3 and 4, the organ equipment room to open to the stair.
	
16. The Board hereby grants a variance from the provisions of section A7.1.3.2.1(e) in order to allow existing pipes, conduits and wires that did not serve the stairs to pass through the stair enclosure.  This variance is based on structural hardship.

Temporary Variances Requested to expire July 1, 2005

T0 through T10. The Board hereby grants the Applicant a time variance until July 1, 2005 to correct the deficiencies outlined in items T0, T1, T2, T3, T4, T5, T6, T7, T8, T9, and T10 of the Applicant’s April 29, 2004 plan of action.  In granting this additional time, it is the understanding of the Board that the Providence Fire Marshal’s Office has no objection to this temporary time variance.
Temporary Time Variance to expire July 1, 2006
	
T11 through T20. The Board hereby grants the Applicant a temporary time variance until July 1, 2006 in order to correct deficiencies T11, T12, T13, T14, T15, T16, T17, T18, T19 at the direction and to the satisfaction of the Providence Fire Marshal’s Office.
Temporary Variance to be corrected by July 1, 2007
	
T20. The Board hereby grants the Applicant a time variance until July 1, 2007 to bring deficiency T20 of the April 29, 2004 plan of action into compliance with the code.
Interpretation Requested: Taft Avenue Building
	
The Board hereby grants a variance from the provisions of section 3.3.64.1(2) in order to allow the Applicant to maintain the cited stairs to the level of exit discharge of this facility.
Approvals Requested:
	
The Board notes that the local fire marshal has the authority to approve the existing guardrails cited under provisions of 7.2.2.4.5.3.  
Scenery on Platform Area
	
The Board hereby directs the Applicant to properly treat the materials utilized as scenery on the platform area at the direction and to the satisfaction of the Providence Fire Marshal until this facility is fully sprinkled in 2005.  At that time, the Applicant shall comply with the provisions of the code covering scenery.

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)].