As indicated in the file, a hearing involving the above-captioned property was conducted on May 24, 2016 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Richard, Pearson, Jackson, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Timothy J. Lutz, Sr. of the Providence Fire Marshals Office.
APPLICANT: Joseph Watson, PE.
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 May 5, 2016.
3.	The Application was received by the Board and File  160073 opened on May 11, 2016.
4.	A hearing on the Application was conducted on May 24, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed on a 5 to 1 vote with Commissioner Richard voting in opposition.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160073 and are pertinent to the decision rendered:

1.	Variance Application  160073 dated May 5, 2016 and filed on May 11, 2016.
2.	Applicants Expedited Hearing Request and Plan of Action Report with drawings and attachments dated April 29, 2016.
3.	Letter of authorization for Jensen Hughes from Brown University dated May 2, 2016.
4.	Providence Fire Marshal's Office Plan Review Report dated April 15, 2016.
5.	Decision  150130 dated February 4, 2016.

EXHIBITS

The following documents were presented at the May 24, 2016 hearing as exhibits:

1.	Applicants Expedited Hearing Request and Plan of Action Report with drawings and attachments dated April 29, 2016 [Revised May 23, 2016].

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 May 23, 2016 revised 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 May 24, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the May 23, 2016 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 5-story multiple/mixed use (assembly, business & storage) occupancy which will house the new Brown University School of Engineering program.
3.	The building will be of Type II (111) construction and will be provided with approved automatic sprinkler protection and will have a compliant fire alarm system with emergency forces notification.
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, in accordance with RILSC section 1.4, grants the Applicant an equivalency variance to the provisions of RILSC sections 8.3.4.1 and 8.3.4.2 by approving the proposed TYCO Sprinkler Protected Glazing Assembly as an alternate to a 1-hour or 2-hour fire-resistance rated wall assembly.  It is the understanding of the Board that these assemblies will be installed as opening protectives at various locations in the control area separation walls, in both 1-hour and 2-hour fire-resistance rated fire barriers.  The Board further directs that this approval is specific to this project at this property location only and does not constitute a statewide blanket variance or approval.

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)].