The above-captioned case was scheduled for hearing on November 18, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Lt. George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the November 18, 2003 hearing on this matter, the Board was advised and finds that the Applicant is in the process of designing new stairs for the Harkness Building at 194 Washington Street.  The four story building has existing stairs that only go to the second floor with an exterior fire escape above servicing the third and fourth floors.  The Applicant is proposing to remove the fire escape and extend the existing stair to serve the third and fourth floors.

The Board was further advised and finds that the building currently has one main egress stair that is enclosed but lacks continuity between the floors and the walls vary in their construction assemblies.  The Board was further advised and finds that there are rated doors with closures at the upper levels and that there is an existing fire alarm system in the building with municipal connection.  The Board was further advised and finds that the Applicant is planning to upgrade the existing fire alarm system and has put this work out to bid.  The Board was further advised and finds that there are two existing fire escapes on the building, one on the east side which will remain during construction and will be removed once the stair is complete, the other one on the west side which is proposed for removal to build the new stair.  In addition to upgrading the fire alarm system of this facility, the Applicant is also going to provide this facility with a new sprinkler system installed at the direction and to the satisfaction of the Providence Fire Marshal’s office.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the Applicant a time variance of one hundred twenty days from the date of this decision in order to remove the west side fire escape to allow for construction of a new egress stairway within this facility.  In granting this variance, the Board notes that the Applicant shall maintain the main stairway of this facility along with the east side fire escape during the construction period.  This decision is based on structural hardship, in light of the limitations placed on the Applicant by the nature of this existing building and its location.

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 Applicant’s 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 Board’s 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 Board’s 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)].