The above-captioned case was scheduled for hearing on December 30, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Richard, Pearson, Filippi and Evans were present.  The fire service was represented by Chief Deputy State Fire Marshal R. Michael DiMascolo of the State 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
	During the December 30, 2003 hearing on this matter, the Board was advised and finds that the Applicant is currently in the process of designing a solution to the present pedestrian traffic access through the Westin Hotel to the Skybridge and onto the Providence Place Mall.  In order to accomplish a redirection of the pedestrian traffic, the present escalators will be relocated to a new location that will provide direct access from outside to the escalators which will then transport pedestrians directly to the second floor and facing the Skybridge entry doors.  In order to accomplish the reconfiguration of the escalator, the Applicant has advised the Board that it is necessary to move the present egress stair number 3B which extends down from the third floor to the ground floor.  The Applicant proposes to dismantle and remove this stair and then reconstruct a new vertical path with a new stair and two hour fire rated enclosure.  The stair exit at the first floor and the stair entry at the third floor will remain in their present locations as they currently exist.  The stair entry on the first floor mezzanine and on the second floor will have to be relocated.
	In light of the above, the Applicant has requested a variance to temporarily abandon stair number 3B.  The Applicant would further request to be allowed to temporarily allow exiting stair number 3A at the third floor back into either the hotel/assembly area or the office/business area or both.  The Applicant would further request relief to temporarily limit the third floor occupants to having access to only the three remaining exit stairs.  Two of the stairs are within 150 feet travel distance from the exit door of stair 3A.  The Applicant would request further relief to allow the existing monumental stair in the hotel/assembly area to be utilized as a temporary means of egress.  Finally, the Applicant is requesting to temporarily allow access back across the Skybridge towards the Providence Place Mall.  This would mean also temporarily allowing the doors at the Skybridge to swing opposite in the direction of exit travel.
In order to obtain the above temporary variance request, the Applicant would adhere to the following State Fire Marshals recommendations.  Specifically, the Applicant has agreed to redesign the hotel room evacuation map to direct occupants to stair 1 which exits at grade.  The Applicant will further revise the voice evacuation tape message accordingly, and provide other appropriate instructions deemed necessary.  The Applicant in addition to its present fire command center which is manned twenty four hours a day, seven days a week, will provide an appropriately trained individual to report to the third floor horizontal exit vestibule with voice communications via radio to instruct any egressing occupant from stair 3A which route to take at the third floor.  The Applicant will further provide notification and appropriate instruction to their staff on the temporary egress procedures.  The Applicant will further provide additional self-illumination exit signage as required to clearly mark the temporary new egress travel path. 
In addition to the above, the Applicant shall also provide new temporary doors that swing in the direction of the new egress travel paths.  These doors and their associated door frames shall have the appropriate UL listed hardware and ratings.  The Applicant shall further engage its architect to prepare these temporary new egress drawings to show the work required for compliance with this plan.  The drawings shall thereupon be submitted to the state Fire Marshal for approval prior to making the necessary modifications.  The Applicant will make all necessary modifications and have the acceptance of the State Fire Marshals office prior to the abandonment of stair 3B. 
	The proposed time frame for the temporary abandonment and subsequent reconstruction of stair 3B is anticipated at five (5) months from the start of the actual abandonment until the completion and inspection of the stair.  Once stair 3B is reconstructed and approved for exiting by the State Fire Marshal, the Applicant will recondition all temporary egress changes back to the appropriate status prior to this project.  In light of the above agreements, the State Fire Marshals office did not enter an objection to this plan of action.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a temporary time variance until June 30, 2004 in order to allow the Applicant to abandon stairway 3B, during this period, while the Applicant is in the process of redirecting the pedestrian traffic, utilizing the Skybridge attached to this complex.  As a condition of this variance, the Board directs the Applicant to fully comply with the plan of action outlined above, at the direction and to the satisfaction of the State Fire Marshals office, prior to the closure of Stair 3B.  In granting this variance, it is the understanding of the Board that the above plan of action complies with all of the State Fire Marshals recommendations.  Finally, this file shall remain open in the event there is a question by either the Applicant and/or the State Fire Marshals office as to the requirements listed above.


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)].