As indicated in the file, a hearing involving the above-captioned property was conducted on January 5, 2016 before a subcommittee of the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the subcommittee hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Booth, Pearson and Sylvester.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Timothy Lutz, Sr. of the Providence Fire Marshals Office.
APPLICANT: Joseph Watson, John Cooke and Laurent Hedquist.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under R.I.G.L. Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Stephen Maiorisi (owner) of Brown University, 295 Lloyd Avenue - Box 1941, Providence, RI dated December 7, 2015.
3.	The Application was received by the Board and File  150130 opened on December 15, 2015.
4.	A hearing on the Application was conducted on January 5, 2016 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review including Chairman Newbrook and Commissioners Booth, Pearson and Sylvester.
5.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Pearson and seconded by Commissioner Booth to recommend granting the Applicant relief as outlined herein.  The motion passed on a 4 to 0 vote.
6.	The subcommittee recommendations were subsequently presented to the Board for acceptance on January 12, 2016 at which time Chairman Newbrook and Commissioners Booth, Filippi, Jackson and Thornton were in attendance.  At that time a motion was made by Commissioner Jackson and seconded by Commissioner Booth to accept the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150130 and are pertinent to the decision rendered:

1.	Variance Application  150130 dated December 7, 2015 and filed on December 15, 2015.
2.	Applicants Plan of Action Report dated December 3, 2015.
3.	Letter of authorization for Jensen Hughes from Brown University dated December 3, 2015.
4.	Email to the Board from Timothy J. Lutz, Sr. of the Providence Fire Marshal's Office dated December 15, 2015.

EXHIBITS

The following documents were presented at the January 5, 2016 hearing as exhibits:

1.	Applicants updated Plan of Action Report dated December 3, 2015.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below correspond with those of the December 3, 2015 plan of action report compiled by the Applicant.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the January 5, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the December 3, 2015 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.
2.	The building is a proposed 4-story multiple/mixed use (business & assembly) occupancy.
3.	The building is of Type II (111) construction and will be provided with approved sprinkler protection and will have a compliant fire alarm system.
4.	There is no objection by the Providence Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board grants the Applicant a variance from the provisions of RILSC sections 8.6.9.2 and 38.3.1.1 by allowing the proposed convenience stairway as designed.  In consideration of the relief granted herein, the Board notes that the 2015 edition of this Code specifically permits this type of installation in accordance with sections 8.6.9.2 and 38.3.1.1 and hereby incorporates the provisions and requirements of these sections.
2.	The Board grants the Applicant a variance from the provisions of RILSC section 8.6.9.1 by allowing the proposed convenience stairway as designed.  In consideration of the relief granted herein, the Board finds that the proposed draft stops and closely spaced sprinklers provide an equivalent level of compliance in accordance with sections 1.4 and 1.4.3.

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 this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).


STATUS OF DECISION AND APPEAL RIGHTS

1.	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 6-2-22).
2.	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 6-2-23.)  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 6-2-24).
3.	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 6-2-25).
4.	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.  (See: Board Rules and Regulations, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].