The above-captioned case was scheduled for hearing on June 24, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Richard, Pearson, Filippi and Burlingame 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 Richard and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the June 24, 2003 hearing on this matter, the Board was advised and finds that this is a six story building undergoing renovation.  The Board further finds that the fourth, fifth, and sixth floors are currently unoccupied and gutted.  The Board further finds that the third floor computer center currently maintains two full-time employees.  The Board further finds that the first and second floors will be renovated during September 2003.  Upon completion of these renovations, the third floor operation will be moved to the first and second floor.

The Board further finds that the first and second floors of this facility shall maintain two full approved means of egress and that the general occupancy of the second floor is approximately seventeen (17) people and the general occupancy of the first floor is approximately fifteen (15) people.  Finally, the Board finds that the Applicant is planning to provide this facility with a new approved sprinkler system and that the Applicant will be installing this system within the time frame discussed below.

The Board finds that the University is requesting a time variance of four months in order to demolish a six-story fire escape within this facility and to replace it with a new compliant six-story exit stair.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the Applicant a time variance of four months from the date of this decision during which to remove the existing six-story fire escape and to replace it with a new six-story exit stair.  In granting this variance, the Board notes that the Applicant shall provide this facility with approved sprinkler coverage during this time frame and shall not occupy floors four, five and six.  Finally it is the understanding of the Board that upon the renovation of floors one and two, on or before the end of September 2003, the operation on the third floor shall be moved to the first and second floor and the third floor shall be unoccupied.

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)].