As indicated in the file, a hearing involving the above-captioned property was conducted on October 25, 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, Filippi, Pearson, Jackson, Sylvester and Booth.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Timothy J. Lutz, Sr. of the Providence Fire Marshals Office.
APPLICANT: Joseph Watson.
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 Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Stephen Maiorisi (authorized representative) of Brown University, 295 Lloyd Avenue -- PO Box 1941, Providence, RI dated September 12, 2016.
3.	The Application was received by the Board and File  160127 opened on September 12, 2016.
4.	A hearing on the Application was conducted on October 25, 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 Pearson and seconded by Commissioner Richard to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160127 and are pertinent to the decision rendered:

1.	Variance Application  160127 dated September 12, 2016 and filed on September 12, 2016.
2.	Providence Fire Marshals Office Inspection Report dated August 12, 2016.
3.	Applicants plan of action dated September 8, 2016.
4.	Letter of authorization for Jensen Hughes from Stephen Maiorisi of Brown University dated September 8, 2016.

EXHIBITS

The following documents were presented at the October 25, 2016 hearing as exhibits:

1.	None.

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 August 12, 2016 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the October 25, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the August 12, 2016 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.
2.	The building is an existing 5-story multiple/mixed use (assembly, business, industrial and storage) occupancy consisting of approximately thirty-nine thousand nine hundred forty-four (39,944) square feet and originally built in 2012.
3.	The building is of Type II (222) construction and has a compliant fire alarm system and is provided with an approved automatic sprinkler system.
4.	The maximum occupant load of the facility has been calculated at seven hundred forty-seven (747) persons.
5.	The Board finds that the condition cited has existed since the original construction of the building and as such, it has been reviewed under the standards for new construction.
6.	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 hereby grants the Applicant a variance from the provisions of RIFC section 10.1.2 and RILSC sections 12.2.1 and 7.5.2.2 by allowing the three (3) existing exit access doors from the recital hall to remain in use as installed.  In consideration of the relief granted herein, the Board directs the Applicant to  comply with the following conditions within one hundred twenty (120) days of the date of the decision, at the direction and to the satisfaction of the Providence Fire Marshal's Office:
a.	Install the additional exit markings as set forth in the Applicants September 8, 2016 proposed plan of action;
b.	Relocate the existing corresponding exit marking sign for each egress opening to above the top edge of the egress opening; and,
c.	Install a new 25 x 4 vision panel in each of the three (3) exit access doors.

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).

Finally, the Board hereby authorizes the Providence Fire Marshals Office to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Applicant in accordance with the provisions of Fire Safety Code, section 6-2-22.1.

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: Fire Safety Code, 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: Fire Safety Code, 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: Fire Safety Code, 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:  Fire Safety Code, 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: Fire Safety Code, 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)].