The above-captioned case was scheduled for hearing on August 5, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Filippi, O’Connell and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the abstention of Commissioner Burlingame.  A follow-up motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to authorize the Providence Fire Marshal’s office to grant a temporary certificate of occupancy for the educational portion of this facility.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of an August 22, 2002 plans review report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the August 5, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the August 22, 2002 plans review report as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency 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 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	
1 through 7.  It is the understanding of the Board that the Applicant has corrected items 1, 2, 3, 4, 5, 6 and 7 at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
8.  It is the understanding of the Board that the Applicant has corrected items 8 (a), (b), (d), (e), (f), (g), (h), (i) and (j) at the direction and to the satisfaction of the Providence Fire Marshal’s office.  The Board hereby grants a variance from the provisions of Life Safety Code section 10-3.1 in order to allow the Applicant not to maintain a smoke damper where a fourteen by eight inch duct penetrates the women’s room 053 through a wall penetration at the entrance to the women’s room.  In granting this variance it is the understanding of the Board that the Providence Fire Marshal’s office has no objection in light of the fact that this is a technical violation and that the area in question is a mini-atrium as opposed to a true atrium.
	
9.  The Board hereby grants a variance in order to allow a limited exposure condition in each of the four stairwells of this facility.  In granting this variance, it is the understanding of the Board that this is a non-combustible, fully sprinklered building and that the windows are approximately eight feet away from the exposures where the code would require ten.
	
10.  In light of the above, the Board hereby authorizes the Providence Fire Marshal’s office to grant a temporary certificate of occupancy for the educational portion of this facility.  It is the understanding of the Board that the gymnasium shall not be occupied until it is finally approved by the Providence Fire Marshal’s office.

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)].