The above captioned case was scheduled for hearing on July 17, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Pearson, Richard, Evans, Wahlberg, O’Connell and Burlingame 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 Wahlberg and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT
	
During the July l7, 2001 hearing on this matter, the Board was advised by the Providence Fire Marshal’s Office that plans had not been submitted for this facility.  However, there had been a preliminary review conducted on the Applicant’s proposed egress systems within this facility.  Specifically, the Applicant is proposing to install a fully enclosed two (2) hour rated egress stairway extending from the basement to the third floor with a direct exit from the first floor.  The Applicant is further proposing the installation of an open stair connecting the first to the third floors.

The Board was further advised that this facility was previously a residential use and is now being proposed as a single tenant office space for Brown University.  The Board was further advised that the Applicant shall provide this facility with an approved municipally connected fire alarm system and full NFPA l3 sprinkler system along with the above compliant egress stairway.  The Board was finally advised by the Providence Fire Marshal’s Office that the Life Safety Code does not require sprinkler protection for this occupancy.

	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 defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from the provisions of Sections 5-1.3.2.1 and 5-2.2.5.1 in order to allow the Applicant to provide this facility with a proposed open stairway connecting the first to the third floors of this facility.

2.	The Board hereby grants a variance from the provisions of Section 5-2.1.3 to allow the Applicant to maintain an existing step down at the threshold of the first floor main entrance door to a landing that is less than the required width.

3.	The Board hereby grants a variance from the provisions of Section 5-2.1.4.2 in order to allow the Applicant to maintain the existing swing of the first floor entrance door.

4.	As a condition of the variances granted above, the Board directs that the municipally connected fire alarm system and the NFPA l3 sprinkler system proposed to be installed by the Applicant shall be installed and be deemed required systems for the purposes of maintenance.  Finally, these variances are conditioned upon the Applicant’s completion of the proposed compliant egress stairways servicing all levels of this facility.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]