The above-captioned case was scheduled for hearing on February 11, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Newbrook, Richard, Pearson, Preiss Wahlberg and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles substituting Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Wahlberg.

FINDINGS OF FACT

	The number of the Decision below correspond with those of a January 13, 2003 summary code of compliance issues which was drafted by the Applicants Architect David Smith Winsor.  (See Exhibit A).  The above January 13, 2003 summary was utilized by the Board the Applicant and the Providence Fire Marshals Office during the February 11, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the January 13, 2003 summary as its initial finding s of fact.  Any deficiency corrected 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 23-28.11-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby directs the Applicant to correct deficiency 1 by removing the existing panic device on the cited door and replacing it with the standard lever type latch and new closure.  The Board further directs that the cited door shall not be identified as an exit.
2.	The Board hereby directs the Applicant to correct deficiency 2 by providing an approved gate instead of a door at the top of the stair leading from the basement to the south east Clemence Street exit.  The above gate shall be installed at the direction and to the satisfaction of the Providence Fire Marshal Office.
3.	The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with an approved Knox box allowing fire department access to the keys for this facility.
4.	It is the understanding of the Board that the Applicant has corrected deficiency 4 to the satisfaction of the Providence Fire Marshals Office.
5.	It is the understanding of the Board that the Applicant has corrected deficiency 5 to the satisfaction of the Providence Fire Marshals Office.
6.	It is the understanding of the Board that the Applicant has corrected deficiency 6 to the satisfaction of the Providence Fire Marshals Office.
7.	The Board hereby direct the Applicant to correct deficiency 7 by providing approved sprinkler testing and to further provide the Providence Fire Marshals Office with certification of that sprinkler testing,
8.	It is the understanding of the Board that the Applicant has corrected deficiency 8 by adjusting egress door 101 from the basement to the first floor of this facility.
9.	The Board hereby directs the Applicant to correct deficiency 9 by properly adjusting egress door 01 at the Basement.  Specifically, the Applicant is directed to repair the door so that it latches properly.
10.	It is the understanding of the Board that the Applicant has corrected deficiency 10 by replacing the cited hardware on door 03 at the sprinkler utility closet.
11.	It is the understanding of the Board that the Applicant has corrected deficiency 11 by properly adjusting doors 201 and 202 at the second floor in order to assure that they latch properly.
12.	The Board hereby directs the Applicant to correct deficiency 12 with regard to door 102 at the main entrance by removing the non-complaint thumb operated latch deadbolt and replacing this bolt with an approved key-operated deadbolt and appropriate signage, installed at the direction and to the satisfaction of the Providence Fire Marshals office.
13.	As part of the major renovation package, the Board directs the Applicant to correct deficiency 13 by properly sealing the second floor ceiling and providing approved heat direction with access panels to allow openings for testing of these detectors.
14.	The Board hereby directs the Applicant to correct deficiency 14 by providing approved fan shut down with approved circuits at the direction and to the satisfaction of the Providence Fire Marshal.
15.	As part of the major renovation package, the Board directs that the existing mechanical duct shafts leading from the roof top units to the second and first floors be properly isolated from the building spaces by shaft wall construction and fire dampers.
16.	The Board hereby directs the Applicant to correct deficiency 16 by providing this facility with an approved full municipally connected fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshals Office of his designee.
17.	During the February 11, 2003 hearing on this matter, the Board was advised that the parties have identified several problems with the sprinkler system within this facility.  A major concern was the attic spaces of this facility that are unprotected.  The Applicant has agreed to protect these spaces to the satisfaction of the Providence Fire Marshals Office.  The Providence Fire Marshal has further requested a complete third party review of the sprinkler system to assure that it is properly functioning.   The Board concurs with the Providence Fire Marshals request and hereby directs the Applicant to conduct a survey of the existing system to assure that it is completely functioning.  The Board is not directing the Applicant to reengineer the existing sprinkler system at this time with the exception of providing the attic space with additional sprinkler coverage.  Accordingly, the Board directs the Applicant to install the additional attic sprinkler heads, at the direction and to the satisfaction of the Providence Fire Marshal and to further conduct a third party review of the existing system in order to ensure that it is proper working order.
18.	The Board hereby directs the Applicant to correct deficiency 18 by removing the cited rubbish and other flammable and combustible materials from this facility.  The Board further recommends an off-site storage space for combustible materials and finally the Board directs the Applicant to provide approved lockers for all flammables utilized in this facility.
19.	It is the understanding of the Board that the Applicant has corrected deficiency 19 by securing the cited storage room on the second level of this facility.
20.	The Board hereby grants a variance in order to allow Applicant to maintain the maximum office occupancy on the second floor of this facility no more than ten (10) persons.  In granting this variance, the Board directs that this area shall be considered a non-public area and that it shall be limited to that specific business use.
21.	The Board hereby directs the Applicant to correct deficiency 21 by discontinuing the use of the second floor ceiling as an air plenum at the direction and to the satisfaction of the Providence Fire Marshals Office.  The Board further directs the Applicant to provide this area with approved additional temporary heat detection tied into the panel within ninety (90) days from the date of this Decisions.
F1. The Board hereby grants a variance from the provisions of Sections 5-2.2.5, 8-3.1 and 6-2.4.4 in order to allow the Applicant to maintain the existing rating of the cited stair enclosures from the basement to the first and second floors to the Clemence Street exit.  This variance is granted pursuant to the Applicants sprinklering of this facility and agreement to provide approved fire alarm coverage within this facility.
F2. The Board hereby grants a variance from the provisions of sections 8-2.2.3 and 5-2.2.4.5 in order to allow the Applicant to maintain the existing historic handrails within this facility.
F3.	The Board hereby directs the Applicant to correct deficiency F3 as part of it major renovations for this facility.  The Board further directs the Applicant to repair the cited hole on second floor, at the direction and to the satisfaction of the State Fire Marshals Office.
F4.	The Board hereby grants a variance from the provisions of Section 23-28.6-5 in order to allow the Applicant not provide a uniform Firefighter detail once the municipally connected fire alarm system and approved Department of Telecommunications.
F5.The Board hereby directs the Applicant to correct deficiency F5 by providing approved heat detection in the cited ceiling space, at the direction and to the satisfaction of the Providence Fire Marshal or designee.  The Applicant may also substitute sprinkler head detection in this space installed at the direction and to the satisfaction of the Providence Fire Marshals Office.
F6.	The Board hereby directs the Applicant to correct deficiency F6 by securing an approved third party reviewing of the existing sprinkler system of this facility and demonstrating to the Providence Fire Marshals Office that the above sprinkler system is property functional.
F7.	The Board hereby grants a variance from the provisions of Sections 8-2.2.3.1, 5-2.2 and 5-2.2.2.1 in order to grant the Applicant dimensional relief from the cited deficiencies in the existing rear egress stairs from the basement and second floor to the Clemence Street exit.
F8.	The Board hereby grants variance from the provisions of Section 5-2.1.3 in order to allow the Applicant to maintain the existing floor elevation of the cited doors.  The Board, as a condition of this variance, direction that door 108 and 104 by provided with approved steel bollards to assure that the doors will not be blocked by vehicles other obstructions.  The above bollards shall be installed at the direction and to the satisfaction of the Providence Fire Marshals Office.  In the meantime the Applicant is directed to use cones to direct traffic away from these doors.
F9.	The Board hereby grants a variance from the provisions of Sections 8-2.5 and 8-2.5.1 in order to allow the Applicant to maintain the existing remoteness of the cited exits.  In granting this variance, it is the understanding of the Board that the exits on the second floor will be made remote during phase two of the Applicants renovations.  Accordingly, once the exits on the second floor are remove the Applicant may revisit the limitation of the second floor occupancy to ten (10) people.  The above limitation on the second floor to ten (10) people would include only members, employees and staff.
F10.	The Board hereby grants the Applicant s request to reduce the occupancy of the basement dressing  room area to less than fifty (50) persons at all times including staff employees and volunteers affiliated with the theater.  In light of the above limitation of occupancy, the Board would allow for a common path of travel to be permitted for the first 75 feet.  However, as a condition of this relief, the Board directs the Applicant to property mark and maintain the egress path from the basement level dressing room of this facility. 
F11.	The Board hereby grants a variance in order allow the Applicant to maintain the existing guard rails in light of the historical nature of the railing system and the additional fire safeguards that the Applicant has proposed for this facility.
F12.	(New Item) During the phased in construction and repair of this facility, the Applicant is directed to maintain commercial grade extension cords for all electrical items.  The Applicant has further granted a time variance until an October 31, 2003 in order to address all remain deficiencies in this facility to the satisfaction of the Providence Fire Marshals Office.
Finally, the above plan of action is specifically conditioned upon the approval of Richard Silva of the Providence e Fire Marshals Office.  The Board notes that Marshal Silver was the original inspector assigned to this facility and accordingly has conditioned the entire plan of action upon his approval.  The board hereby leaves this file open in order to address any particular item to which marshal Silva has an objection and to further allow the Applicant to return in the event additional items are generated during the period of renovation.  Finally, the Board directs the Applicant to provide approved certification of all decorative and acoustical material utilized in this facility and to provide the Providence Fire Marshals Office with copies of plans updated on a regular basis to reflect any changes to the original plan of action for this facility.


	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)].