The above captioned case was originally scheduled for hearing on May 14, 2002 at 1:00 p.m.  At that time, the Chairman directed that an onsite subcommittee review of the facility be conducted on June 11, 2012.  The onsite was in fact conducted on June 11, 2002 at 10:00 a.m. and the Subcommittee reported its full findings to the full Board on June 11, 2002 at 1:00 p.m.  A motion to accept the Subcommittees recommendations and incorporated as the Boards Decision was made by Commissioner Wahlberg and seconded by Commissioner Newbrook.  The Board thereupon approved the Subcommittees recommendations and incorporated them into the Decision herein.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 23, 2001 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Providence Fire Marshals Office and the Applicant during the June 11, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the October 23, 2001 inspection 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.	The Board herby grants a variance from the provisions of Sections 6-2.2 and NFPA 14 in order to allow the Applicant to not allow the Applicant not provide this facility with approved standpipes.  In granting this variance, the Board notes that this is an existing facility and is undergoing extensive renovation. As a condition of this variance, the Board hereby directs the Applicant to not occupy the fourth floor of this facility but utilize this area for storage only.
2.	The Board hereby directs the Applicant to correct deficiency 2 at the direction and to the satisfaction of the Providence Fire Marshal and the Providence Department of Telecommunications.
3.	The Board hereby grants a variance from the provisions of Life Safety Code Section 7-7.1.4 and NFPA 13 Section 4-14.4.3 in order to allow the Applicant not to provide seismic protection within this existing historic building.
4.	The Board hereby directs the Applicant to correct deficiency 4 by providing the additional sprinkler coverage, at the direction and to the satisfaction of the Providence Fire Marshals Office.
5.	The Board hereby grants a variance from the provisions of Life Safety Code Sections 26-2.1.1, 5-2.2.5.1, 5-1.3.2.1 and 6-2.3.1.1 in order to allow the Applicant to maintain the existing construction and openness of the cited stairways.  This variance is based on structural hardship in redesigning the existing stairway of this historical building.  This variance is further based on the Applicants agreement to provide this facility with an approved sprinkler and fire alarm system.  Finally, as a condition of this variance, no conference rooms shall be allowed on the third floor level of this facility.
6.	A.	The Board hereby grants a variance from the provisions of Life Safety Code Sections 26-2.1.1, 5-1.3.2.3 in order to allow pantry room103 and corridor 108 to remain open to stairway A.  The Board would further allow elevator doors 00, 102, 207 and 306 also to open into stairway A.  This variance is based upon structural hardship and an existing condition within this historical structure.  It is further based upon the Applicants agreement to provide this facility with approved sprinkler and fire alarm system.
B.	The Board hereby directs the Applicant to correct deficiency 6B by relocating the said copier, at the direction and to the satisfaction of the Providence Fire Marshals Office.
7.	A.	The Board hereby grants a variance from the provisions of section 26.2.1.1, 5-2.2.5.1, 51.3.2.2.1 and 5-2.2.5.3 in order to allow the Applicant to maintain the cited normally unoccupied rooms in closets which open into stairway A.  This variance is also based upon the Applicants agreement to provide this facility with an approved sprinkler and fire alarm system.
	B.	The Board hereby directs the Applicant to correct deficiency 7B, at the direction and to the satisfaction of the Providence Fire Marshals Office.
8.	A-C.	The Board hereby grants a variance from the provisions of Section 26-2.1.1, 5-2.2.5.1, 3-1.3.2.1 and 6-2.3.2.3.1 in order to allow the Applicant to maintain the cited unenclosed, unrated stairways.  This variance is based upon the Applicants agreement to provide this facility with approved fire alarm and sprinkler system to offset this structural defect.
9.	The Board hereby grants a variance from the provisions of Life Safety Code Section 26-2.2.21 and 5-2.1.2.2 in order to allow the Applicant to maintain the existing dimensions of the cited doors.  This variance is based upon structural hardship and the Applicants agreement to provide this facility with approved fire alarm and sprinkler coverage.
10.	The Board hereby grants a variance from the provisions of Life Safety Code Section 26-2.2.1 and 5-2.1.4.2 in order to allow the pair of doors 117 and 118 to maintain their existing swing opposite to the direction of egress travel.
11.	The Board hereby grants a variance from the provisions of Life Safety Code Section 26-2.2.1 and 5-2.1.4.3 in order to allow the Applicant to maintain the existing swing of the cited doors within this facility.  
12.	The Board hereby grants a variance from the provisions of Life Safety Code Section 26-2.2.1 and 5-2.1.4.4 in order to allow the Applicant to maintain the existing potential obstructions created by the cited existing egress system door of this facility.  In granting this variance, it is the understanding and direction of the Board that the cited doors will generally be either fully opened or fully closed.
13.	The Board herby grants a variance from the provisions of Life Safety Code Section 26-2.2.3.1 and 5-2.2.2.1 in order to allow the Applicant to maintain the existing cited dimensions of the interior stairs within this facility.  This variance is based upon structural hardship and in light of the Applicants agreement to provide this facility with approved sprinkler and fire alarm coverage.
14.	A.	The Board hereby grants a variance from the provisions of Life Safety Code Section 26-2.2.1 and 5-2.8.1.2 and their referenced standards in order to allow the Applicant to maintain the existing unprotected windows exposed to the existing fire escape within this facility.  In granting this variance, the Board notes that this facility shall be fully sprinkled and alarmed.  The Board further directs the Applicant to provide approved emergency lighting, at the direction and to the satisfaction of the Providence Fire Marshals Office.
	B.	The Board directs the Applicant to correct this deficiency by assuring the clear window opening of not less than 30 x 36 providing access to fire escape of this facility.
15.	C, DE.	The Board hereby grants a variance from the provisions of Sections 26-2.2.1 and 5-2.8.1.2 in order to allow the Applicant to maintain the existing dimensions of the fire escape access routes to the fire escape and mini-blinds on the window accessing the fire escape.  This variance is conditioned upon the Applicants agreement to provide a reasonably smoke tight glass door and partition providing separation of the stairway from the fire escape at the third floor level.  The above door and glass partitions are outlined in item 22(C) below.
16.	The Board hereby directs the Applicant to correct deficiency 16, at the direction and to the satisfaction of the Providence Fire Marshal.  In the event the Applicant and/or the Providence Fire Marshal determine that full compliance with this section is impossible, the Applicant and / or the Fire Marshal are free to repetition the Board to review this deficiency.
17.	The Board hereby grants a variance from the provisions of Life Safety Code Section 26-2.2.3.2.1 and 5-2.2.4.2 in order to allow the Applicant to maintain the existing construction and configuration and single handrail on annex stair B and C.  In granting this variance, it is the understanding and direction of the Board that the Applicant shall only utilize the fourth floor of this facility and not otherwise occupy this level.
18.	The Board hereby grants a variance from the provisions of Life Safety Code Section 26-2.2.3.1 in order to allow the Applicant to maintain the existing handrails without extensions at the top and bottom of Annex stairs B and stairway A.
19. A.	The Board hereby directs the Applicant to correct deficiency 19A, at the direction and to the satisfaction of the Providence Fire Marshal.
C-D.	The Board hereby grants a variance from the provisions of Life Safety Code Sections 26-2.2.3.1, 5-2.2.4.2 and 5-2.2.4.6 in order to allow the Applicant to maintain the existing cited components of the newly constructed Annex porch.  In granting this variance, the Board notes that the cited deficiencies have a minimum impact on the life safety of the occupants.
20.	The Board hereby grants a variance from the provisions of Life Safety Code Sections 26-2.3.2 in order to allow the Applicant to maintain the existing width of corridors and passageways of this facility.  The variance is granted on the basis of structural hardship and in light of the existing construction of this facility.
21.	The Board hereby grants a variance from the provisions of Life Safety Code Section 26-2.4 in order to allow the Applicant to maintain the existing egress from the fourth floor of this facility.  In granting this variance, the Board directs   the Applicant to utilize the fourth floor for storage only and not to otherwise occupy this level.
22. A.	The Board hereby grants a variance from the provisions of Life Safety Code Section 26-2.5.1 and 5-5.1.4 in order to allow the Applicant not to maintain two (2) remote from the cited file rooms on the ground floor of this facility.  In granting this variance, the Board notes that there shall be no public this area.  This variance is further granted on the basis of structural hardship.
B.	The Board hereby grants a variance from the provisions of Life Safety Code Section 26-2.5.1 and 5-5.1.4 in order to allow the Applicant to maintain the existing non-remoteness of stairway A from stairway B on the second floor of this facility.  In granting this variance on the basis of structural hardship, the Board notes that the Applicant has provided this facility with an approved fire alarm and sprinkler system.
C.	The Board hereby grants a variance from the provisions of Life Safety Code Section 26-2.5.1 and 5-5.1.4 in order to allow the Applicant to maintain the existing non-remoteness of the third floor interior stairway A and the fire escape system.  In granting this variance, the Board accepts the Applicants plan of action of providing a glass partition and door at the top of the third floor stairway in order to provide a reasonably smoke tight enclosure at that level.  The Board notes that the above glass partitions shall be further protected by the Applicants sprinkler system.  The above partition and remaining deficiencies within this facility shall be installed and corrected on or before January 1, 2003.
23.	The Board hereby grants a variance from the provisions of Life Safety Code Section 26-2.7 and 5-7.2 in order to allow the Applicant to maintain the existing single exit discharge from the fourth level of this facility.  In granting this variance, it is the understanding and direction of the Board that the fourth floor shall be utilized for storage only and not otherwise occupied.
24. A-C. The Board hereby directs the Applicant to correct deficiencies 24A, B & C, at the direction and to the satisfaction of the Providence Fire Marshals Office.
25. A.	The Board hereby grants a variance from the provisions of Life Safety Code Sections 26-3.1.1 and 6-2.4.4 in order to allow the Applicant to maintain the existing elevator/dumbwaiter shaft.  In granting this variance, it is the understanding of the Board that the existing elevator has been removed and a new dumbwaiter has been installed.  It is the further understanding of the Board the three (3) walls of the elevator shaft are masonry and the fourth wall is wood stud which originally had a wood boarding on one (1) side and plaster on the other.  It is the further understanding of the Board that the wood boarding has now been placed with type X gypsum board.  Finally, it is the understanding of the Board that the doors of the new dumbwaiter are two (2) hour rated.
B.	The Board hereby grants a variance from the provisions of Life Safety Code Sections 26-3.1.1. and 6-2.4.4 in order to allow the Applicant to maintain the existing ventilation shaft throughout this building. In granting this variance, it is the understanding of the Board that the Applicant has filled in the opening of the existing shafts with masonry or other approved methods where possible.  
The variance granted herein would allow the Applicant to utilize his best efforts in correcting this deficiency while understanding that full compliance may not be possible.
C.	The Board hereby grants a variance from the provisions of Life Safety Code Sections 26.-3.1.1 and 6-2.4.4 in order to allow the Applicant to maintain the proposed toilet room exhaust shaft.
26.	The Board hereby directs the Applicant to correct deficiency 26, by providing the Providence Fire Marshal Office with documentation as to the cited interior finishes of this facility.
27. A&B.	The Board hereby grants a variance from the provisions of Life Safety Code Sections 26-5.2, 7-2.1, NFPA 90A Section 3-3.4.1 and 3-3.4.4. in order to allow the Applicant to maintain four (4) registers connected to the supply and return air ducts and to further install fire dampers at the floor lined for the toilet exhaust duct rather that the duct penetrations of the shaft.

			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
	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.  (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.  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)].