The above captioned case was scheduled for hearing on May 14, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Coutu, Wahlberg, OConnell, Evans and Pearson were present.  Commissioner Newbrook recused himself from considering this case.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Evans 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 April 3, 2002 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Providence Fire Marshal and the Applicant during the May 14, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the April 3, 2002 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 defined in Section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.	During the May 14, 2002 hearing on this matter, the Board was advised that the Applicant sought variance to utilize the existing egress system of the Fletcher building until August 31, 2002 or until the actual reoccupancy of this facility by students.  The Board was further advised that the above variance would allow for approximately three (3) weeks of student occupancy of this facility until June 6, 2002.  During this period, one of the subject stairways would comply with the code and a second would be non-conforming.  At the end of renovations, prior to student occupancy of this facility, the building shall be provided with two (2) approved conforming egress stairways.  The Board was further advised that there shall be no overnight occupancy and it shall be utilized by a limited number of people for art studios.  The building shall be eventually equipped with an emergency egress stairs, a supervised fire alarm system and sprinkler system.  In light of the above, the Board hereby grants a variance from the provisions of Section 1-9.1 in order to allow the Applicant to maintain student occupancy of this facility until June 6, 2002 at which time the student occupancy shall be eliminated and only reinstated after the Applicant has provided this facility with two (2) conforming stairways.  The projected date for the conforming stairways is August 31, 2002.
	2.	The Board hereby grants a variance in order to allow the Applicant to utilize the 2000 edition of NFPA 101 during the course of this project.
	3.	It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing the cited materials to the plan review officer.
	4.	Pursuant to the Boards determination in item 1 above, the Board hereby grants a variance from the provisions of Section 5-1.9.1 in order to allow the Applicant to temporarily utilize the existing egress system of this facility.  Pursuant to the Boards determination in item 1 above.
	5.	The Board hereby grants a variance from the provisions of Section 5-2.2.2.1 in order to allow the Applicant to temporarily maintain the cited headroom on the stairway between the fifth and sixth floors.  In granting this variance, it is the understanding and direction of the Board that the Applicant shall provide this facility with two (2) approved means of egress prior to reoccupancy by students in the fall.
	6.	Pursuant to the Boards determination in item 1 above, the Board hereby grants a temporary variance from the provisions of Section 5-2.2.3.2 in order to allow the Applicant to temporarily maintain the cited stairways with landings that are less than the width of the stairs.  In granting this variance, it is the understanding of the Board that the Applicant shall provide this facility with two (2) approved means of egress prior to the reoccupancy of students within this facility in the fall of 2002.
	7.	Pursuant to the Boards determination in item 1 above, the Board hereby grants a temporary variance from the provisions of Section 5-2.2.3.6 in order to allow the Applicant to temporarily maintain the cited dimension of the riser height of the stairs within this facility.  In granting this variance, it is the understanding of the Board that the Applicant shall provide this facility with two (2) approved means of egress prior to the reoccupancy of students within this facility in the fall of 2002.
	8.	It is the understanding of the Board that the Applicant shall correct deficiency 8 by providing the Fire Marshal with approved upgraded plans.  
	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)].