As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, October 3, 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, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Scott Derry of the Providence Fire Marshals Office.
APPLICANT: Paul Mullen, Jack Silva and Timothy Wensus.
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 Jack Silva (authorized representative) of RISD / Hayes Condo Assoc., 2 College Street, Providence, RI dated August 15, 2017.
3.	The Application was received by the Board and File  170104 was opened on August 30, 2017.
4.	A hearing on the Application was conducted on October 3, 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 Sylvester and seconded by Commissioners Booth and Pearson to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote with Commissioner Thornton abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170104 and are pertinent to the decision rendered:

1.	Variance Application  170104 dated August 15, 2017 and filed on August 30, 2017.
2.	Applicants (Jensen Hughes) Plan Review Report dated August 2, 2017.
3.	Letter (email) to the Board from Providence Fire Marshals Office dated August 18, 2017.

EXHIBITS

The following documents were presented at the October 3, 2017 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 2, 2017 plan review report compiled by the Applicant.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the October 3, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the August 2, 2017 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 building is an existing 4-story with basement business occupancy consisting of approximately seventeen thousand six hundred fifty (17,650) square feet (gross area) and originally built in 1867.
3.	The building is of Type III (200) construction, has a compliant fire alarm system and is provided with an approved automatic sprinkler system.
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.	EMERGENCY LIGHTING and EGRESS MARKING: The Board hereby grants the Applicant a time variance of one hundred eighty (180) days from the date of the decision to comply with the provisions of RILSC sections 39.2.9 and 39.2.10 by providing this facility with approved emergency lighting and exit signage in accordance with sections 7.9 and 7.10, at the direction and to the satisfaction of the Providence Fire Marshals Office.
2.	HEADROOM: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.5.1 by allowing the existing ceiling height throughout the basement to remain as an existing condition based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to provide appropriate warning signage in areas of low headroom, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
3.	GUARDS and HANDRAILS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.2.2.4.1.6 by providing each of the rear basement stairways of this facility with an approved handrail, at the direction and to the satisfaction of the Providence Fire Marshals Office.
4.	FLOOR LEVEL: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.1.3 by allowing the existing rear exit door landing to remain as an existing condition based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to repair or replace the existing door to permit ease of operation within one hundred eighty (180) days of the date of the decision, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
5.	EXTINGUISHMENT: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of NFPA 13 (2010) section 4.1 by removing all obstructing walls and/or partitions or adding supplemental sprinkler coverage throughout the basement level, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
6.	FLOOR LEVEL: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.1.3 by allowing the existing basement interior door landings to remain as an existing condition based upon a structural hardship.
7.	STAIRS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2 by allowing the existing front basement stair to remain in use as an existing condition based upon a structural hardship.  In granting this relief, it is the understanding of the Board that the basement has limited, restricted access and is used only for tenant storage and mechanical spaces.
8.	GUARDS and HANDRAILS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.2.2.4.1.6 by providing the main lobby front stairway of this facility with an approved handrail, at the direction and to the satisfaction of the Providence Fire Marshals Office.
9.	GUARDS and HANDRAILS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.2.2.4.4.6 by providing the front and rear stairways of this facility with approved handrails, at the direction and to the satisfaction of the Providence Fire Marshals Office.
10.	STAIRS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2.2.1.1(b) by allowing the existing stairway height between landings to remain as an existing condition based upon a structural hardship.
11.	EXITS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.3.2.1(10) by allowing the existing 2nd floor electrical equipment enclosures within the stairway enclosure to remain as an existing condition based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to repair or replace the existing door hardware to ensure positive latching and to verify that automatic sprinkler protection is provided within the enclosure, at the direction and to the satisfaction of the Providence Fire Marshal's Office.
12.	ELEVATORS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.4.7 by providing automatic smoke curtains interfaced with the building fire alarm system for each elevator opening within the stairway enclosure, at the direction and to the satisfaction of the Providence Fire Marshals Office.
13.	GUARDS and HANDRAILS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.2.2.4.5.2 by providing the front and rear stairways of this facility with approved guards, at the direction and to the satisfaction of the Providence Fire Marshals Office.
14.	FIRE DOORS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 8.3.3.3 by providing 60-minutes fire protection rated doors and assemblies for the main entrances of tenant spaces that open to the front stairway enclosure of this facility, at the direction and to the satisfaction of the Providence Fire Marshals Office.
15.	FLOOR LEVEL: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.1.3.1 by allowing the existing ramp on the 2nd floor rear stairway to remain as an existing condition based upon a structural hardship.
16.	STAIRS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2.2.1.1(b) by allowing the existing stairway from the 4th floor to the roof to remain as an existing condition based upon a structural hardship.  In granting this relief, it is the understanding of the Board that this stair is only utilized by authorized personnel to access the rooftop elevator machine room.

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 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).
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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)].