The above-captioned case was scheduled for hearing on July 29, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Filippi, Wahlberg, and Newbrook 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  Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the July 29, 2003 hearing on this matter, the Board was advised that the subject facility is a middle school and undergoing extensive renovation and areas of new construction. The Board was further advised that the Applicant sought relief from the shaft construction requirements of the code to be allowed to install shafts from the floor to the ceiling of the first and second floor and to the ceiling of the third floor attic. The Board was further advised that this facility is fully spinklered and alarmed and that the Applicant will maintain rated construction around the shaft. It is the understanding of the Board that all other fire code deficiencies have been corrected by the Applicant.
	
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 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. With regard to the new addition to this complex consisting of 2C construction, the Board hereby grants the Applicant a variance from the shaft construction requirements in order to allow the Applicant to comply with the building code in this area. Specifically the Applicant shall provide an approved fire damper in the floor line and otherwise bring this shaft into compliance with the building code.
	
2. With regard to the existing construction, the Class 3B building, the Board grants the Applicant a variance in order to allow the Applicant to enclose the cited shaft within rated walls resting on a non-rated floor-ceiling assembly on each of the levels of this facility. As a condition of this variance, the Board directs the Applicant to provide the shaft with approved fire dampers at the direction and to the satisfaction of the Providence Fire Marshal and to further enclose the shaft in the attic space with an approved duct wrap in this area. Finally, at the top of the shaft between the third floor and the ceiling, the Applicant is directed to cap off the shaft with rated materials in order to eliminate voids which might allow the passage of smoke. Beyond the cap, the Applicant is directed to commence the wrapping of the shaft with an approved one (1) hour duct wrap to the satisfaction of the Providence Fire Marshal’s 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 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)].