The above-captioned case was scheduled for hearing on April 10, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Newbrook, Preiss, OConnell, Richard and Filippi were present.  Commissioner Blackburn recused himself from consideration of this case.  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 Newbrook and seconded by Commissioners Preiss and Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the April 10, 2007 hearing on this matter, the Board was advised and finds that the existing Radeke building is one of four (4) interconnected Museum buildings with the others being Farago, Waterman and the Pendleton House.  The existing Museum is approximately 92,764 square feet in area and five (5) stories in height.  The Radeke building was originally constructed in 1926 and is a historic resource in the College Hill National Register Historic District.   The existing building most closely resembles Type II (222), protected, noncombustible construction.
	The Board futher finds that the proposed renovations include a partial change of use of the Radeke third floor from a storage occupancy to an assembly occupancy (gallery space).  The Board further finds that the existing partially enclosed stair connecting four (4) levels will be provided with an approved two (2) hour fire rated enclosure in accordance with the requirements for new construction.  The Board further finds that renovation includes the majority of the Radeke third floor and will be separated from the balance of the building by fire rated construction resembling that of two (2) hours vertically and horizontally.  The fire rated construction of the separation wall, floor/ceiling assembly and supporting columns will be confirmed by a structural engineer for the existing archaic construction.
	The Board further finds that the Museum is partially protected by an automatic sprinkler system and as part of the project, the entire renovated space and the adjoining exit stair enclosure will be provided with approved automatic sprinklers tied into a new service being sized to provide coverage for all of the Radeke building.  The Board further finds that the renovations project, showing floor plans and the existing and proposed sprinkler protection of this building, has been reviewed by the Providence Fire Marshals Office.
	The Board further finds that the entire existing Museum is currently served by twenty-four (24) hour a day, seven (7) day a week security system and trained security staff in addition to the municipally connected and fully addressable fire alarm and voice evacuation system installed pursuant to NFPA 72.  The Board further understands that it is the intention of RISD to eventually sprinkler the entire building at the direction and to the satisfaction of the Providence Fire Marshals Office.
CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance from the provisions of section 13.3.5.1.1 and its referenced standards in order to allow the Applicant to provide partial sprinkler protection of the existing RISD Museum by an automatic sprinkler system to be provided in phases as part of a proposed renovation project which shall be completed by 2010.  In granting this relief, it is the understanding and direction of the Board that approximately forty (40) percent of the existing building is protected by sprinkler coverage and that the proposed renovation project would substantially sprinkler the third floor along with the fourth and fifth floors being fully sprinklered by 2010.  It is the understanding of the Board that at that point in time, seventy (70) percent of the RISD Museum would be protected by an automatic sprinkler system and that the Applicant plans to increase this to one hundred (100) percent in the future.  Finally, the Board notes that the Providence Fire Marshals Office has advised the Board that the above plan of action will substantially increase the safety in the building and that the Applicant will make a good faith effort.
2.	The Board hereby grants a variance from the provisions of sections 7.2.2.4.5, 7.2.2.4.5.3 and 7.2.2.4.4.6 in order to allow the Applicant to maintain the existing hand rails and guardrails as currently installed within this facility.  This variance is granted on the basis of structural hardship in light of the historical nature of this facility and of the absence of an objection by the Providence Fire Marshals Office.

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)].