As indicated in the file, a hearing involving the above-captioned property was conducted on February 21, 2017 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 Filippi, Pearson, Walker, Jackson, Sylvester and Booth.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Timothy J. Lutz, Sr. of the Providence Fire Marshals Office.
APPLICANT: Aaron Forrest.
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 Aaron Forrest (authorized representative) of 231 South Main Street, Providence, RI dated October 14, 2016.
3.	The Application was received by the Board and File  160160 was opened on November 14, 2016.
4.	A hearing on the Application was conducted on February 21, 2017 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 Walker and seconded by Commissioner Sylvester 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  160160 and are pertinent to the decision rendered:

1.	Variance Application  160160 dated October 14, 2016 and filed on November 14, 2016.
2.	Providence Fire Marshals Office Plan Review Report dated August 17, 2016.

EXHIBITS

The following documents were presented at the February 21, 2017 hearing as exhibits:

1.	Applicants drawing  A-003.00 dated February 12, 2017.

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 17, 2016 plan review 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 February 21, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the August 17, 2016 plan review 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 property site at issue consists of approximately 1.67 acres with a street address of 389 Broad Street in the City of Providence, also identified as Plat  30 / Lots  505, 643 & 650.  The site is bordered by Central Street on the north, Bridgham Street on the south, Broad Street on the east and private unaffiliated property on the west.
3.	There are presently three (3) assembly occupancies located on the site: the existing Trinity United Methodist Church, the existing Southside Cultural Center and a new structure known as the public pavilion.  In addition, periodic assembly events take place on the exterior spaces of the property, in addition to a vehicle parking area located at the western end of the site.
4.	The site is enclosed by a perimeter chain-link fence that runs contiguously from the NW corner of the church building northwesterly along the Central Street property line; then southwesterly along the western property line; then easterly along the Bridgham Street property line, terminating at the SW corner of the cultural center.
5.	There are three (3) means of egress identified for the church building: two (2) discharging to Broad Street and one (1) discharging to Central Street.
6.	There are four (4) means of egress identified for the cultural center building: two (2) discharging to Bridgham Street and two (2) discharging to the fence-enclosed exterior space, one of which is a handicap-accessible ramp.
7.	There are two (2) means of egress identified for the public pavilion, both of which discharge within the fence-enclosed exterior space.
8.	There are three (3) means of egress from the fence-enclosed exterior space that terminate at the public way:
a.	GATE A: side-swinging gate that is 4-4 in width with traditional locking hardware located on the northern property line discharging to Central Street;
b.	GATE B: horizontal-sliding gate that is 15-3 in width with traditional locking hardware located on the southern property line discharging to Bridgham Street; and,
c.	GATE C: horizontal-sliding gate that is 17-4 in width with traditional locking hardware located on the southern property line discharging to Bridgham Street.
9.	It is reported by the Applicant that all gates are secured in the open position whenever the property is in use and that these gates are locked shut during non-occupied hours for security purposes.
10.	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 RILSC sections 13.2.2.2, 13.2.7, 7.2.1.5, 7.2.1.7, 7.2.1.14 and 7.7.1 by allowing the existing exits from the fenced-enclosed exterior space designated as Gates A, B and C to remain in use.  In consideration of the relief granted herein, the Board sets the following conditions:
a.	That approved panic hardware be installed on Gate A within ninety (90) days of the date of the decision, at the direction and to the satisfaction of the Providence Fire Marshal's Office.  In the event that assembly events are held prior to the completion of this requirement, the provisions of condition (b) below shall apply;
b.	That policies are developed and implemented to ensure that Gates B and C are secured in the open position whenever the facility or grounds are occupied, at the direction and to the satisfaction of the Providence Fire Marshal's Office.; and,
c.	Approved signage is installed at Gates B and C as set forth by RILSC section 7.2.1.5.5(2), at the direction and to the satisfaction of the Providence Fire Marshal's Office.

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 constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in R.I.G.L. section 42-35-12 and 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.	In accordance with R.I.G.L 42-35-12, 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)].