The above-captioned case was scheduled for hearing on January 20, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Richard, Burlingame and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Burlingame 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 19, 2003 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the January 20, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the October 19, 2003 plan review report as its initial findings of fact.  Any modification of the Boards 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).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  It is the understanding of the Board that the Applicant shall correct deficiency 1 at the direction and to the satisfaction of the Providence Fire Marshal.
	2.  It is the understanding of the Board that the Applicant shall correct deficiency 2 at the direction and to the satisfaction of the Providence Fire Marshal.
	3.  It is the understanding of the Board that the Applicant shall correct deficiency 3 at the direction and to the satisfaction of the Providence Fire Marshal.
	4.  The Board hereby grants a variance from the provisions of Life Safety Code Section 26-2.1.4, 29-2.1 and 5-1.5 in order to allow the Applicant to maintain the existing basement head room within this facility.  In granting this variance, it is the understanding of the Board that the basement is normally unoccupied.  This variance is granted on the basis of structural hardship.
	5.  The Board hereby grants a variance from the provisions of Life Safety Code section 26-2.2.2.1 and 5-2.1.3 in order to allow the Applicant to maintain existing historic doors D07 and D08.  The Board directs the Applicant to correct doors D09 and D10 at the direction and to the satisfaction of the Providence Fire Marshals office.  In granting this variance it is the understanding of the Board that the Providence Fire Marshals office has no objection on the basis of structural hardship.
	6.  The Board hereby grants a variance from the provisions of Life Safety code sections 26-2.2.3.1, 5-2.2.5.1, 5-1.3.2.1(b) and 6-2.3.1.1 in order to allow the Applicant to maintain the proposed construction of the two (2) new interior stairs of this facility.  As a condition of this variance, the Board directs that the full sprinkler system of this facility be considered a required system for purposes of maintenance.  The Board hereby grants a variance from the provisions of section 26-2.2.3.1, 5-2.2.5.1, 5-1.3.2.3 and 5-1.3.2.1(d) in order to allow the Applicant to maintain the new elevator hoistway and elevator machine room within the new stairwell enclosure on the east side of the building in the basement and on the first and second floors.  In granting this variance, the Board notes that this is a small structure and the Applicant shall maintain it within a two (2) hour shaft construction with ninety (90) minute doors and frames.  It is the understanding of the Board that the Providence Fire Marshals office has no objection in light of the Applicants agreement to maintain the sprinkler system of this facility as a required system.
	8.  The Board hereby grants a variance from the provisions of section 26-2.2.3.1 and 5-2.2.5.2 in order to allow the Applicant to maintain the cited stairway wall and window exposure to an unprotected wall.  In granting this variance, it is the understanding of the Board that the cited windows are required and historic.
	9  13.  The Board hereby directs the Applicant to correct deficiencies 9, 10, 11, 12 and 13 at the direction and to the satisfaction of the Providence Fire Marshals office.
	14.  The Board hereby grants a variance from the provisions of section 26-3.1.1 and 6-2.3.1.1 in order to allow the Applicant to maintain the existing one-hour rated shaft not supported by one-hour rated construction.  Again, this variance is based upon the Applicants agreement to provide this facility with an approved sprinkler system.
	15, 16.  The Board hereby directs the Applicant to correct deficiencies 15 and 16 at the direction and to the satisfaction of 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)].