The above captioned case was originally scheduled for hearing on October 8, 2002 at 1:00 P.M.  At that time, the matter was reviewed by a subcommittee of the Board.  The Subcommittee Recommendations were thereupon approved by the full Board on November 19, 2002.  At that time, Commissioners Evans, Newbrook, Pearson, Coutu, Filippi, Preiss, Wahlberg, and OConnell were present.  Chairman Farrell recused himself from consideration of this case.  A motion was made by Commissioner Coutu and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous. 

FINDINGS OF FACT
	The Board hereby adopts the March 8, 2002 plan review report by the Providence Fire Marshals Office as its initial findings of fact in this case.  The numbers of the Decision below correspond with those of an April 22, 2002 summary of variance request submitted by the Applicant as part of his application in this matter.  Any modification of the Boards findings such as correction of a deficiency 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 defined in Section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.	The Board hereby grants the Applicant a nine (9) month time variance in order to allow the existing exterior stairs, handrails and guardrails between column lines 1 and 14 to remain until the new faade of this facility is constructed.  The Board further grants a variance in order to allow for the use of the existing exterior museum entrance and a temporary corridor for access to the museum while the new museum entrance is constructed with completion scheduled for the end of August.  In granting this variance, it is the understanding and direction of the Board that while using the existing entrance, the museum occupancy would be limited as outlined in the April 22, 2002 request of the Applicant.
	2.	During the Subcommittee hearing on this matter, the Board was advised that the University wishes to maintain a glass opening at the east end of the second floor mall corridor which is contiguous with the 2  story entrance of this facility.  The Applicant wishes to utilize clear glass with window sprinklers placed at each side of the clear glass/aluminum frame assembly utilizing Tyco Model WS window sprinklers, which are UL listed for this specific application.  The Board further directs the Applicant to provide this area with an approved rail system, at the direction and to the satisfaction of the Providence Fire Marshals Office.
	3.	During the subcommittee hearing on this matter, the Board was further advised that the Applicant has acquired an historic diner, which is currently sitting on the display floor.  The Board hereby grants the Applicant a time variance of twelve (12) months from the date of this Decision in order to provide the diner with approved sprinkler coverage, installed at the direction and to the satisfaction of the Providence Fire Marshal or designee.  During this period, the Applicant is not to utilize or otherwise occupy this particular diner.  In granting these variances involving the egress system and time to comply, it is the understanding of the Board that the Applicant shall correct all remaining deficiencies on the March 8, 2002 plan review report compiled by the Providence Fire Marshals Office.  In light of the above, the Providence Fire Marshals Office is hereby authorized to provide the Applicant with a temporary certificate of occupancy with the understanding that this facility shall not be open to the general public. 
	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.  
	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 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.  
	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)].