The above-captioned case was scheduled for hearing on July 22, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Richard, 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 Wahlberg and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a June 12, 2003 letter to the Board from David W. Hopper of Gorman Richardson Architects.  The above letter was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the July 22, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the June 12, 2003 correspondence as its initial findings of fact.  The Board further notes that the Applicant has requested a formal change from the previous building classification of school (under the original state fire code) to a more current classification as a business with assembly (in accordance with the provisions of the RI Fire Safety Code).  It is the understanding of the Board that all deficiencies not listed herein have been corrected by the Applicant.
	
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.  The Board hereby grants a variance in order to allow the Applicant to change the previous classification of this building as a school under the original fire code to the current occupancy as a business building with assembly under the RI Fire Prevention Code. 
	
2.  In light of the Board’s determination in item 1, it is the understanding of the Board that deficiency 2 is not a violation under the existing business classification of NFPA 101.
	
3.  In light of the Board’s determination in item 1 above, it is the understanding of the Board that deficiency 3 is not a violation of the existing business code under the provisions of NFPA 101.
	
4.  The Board hereby grants a variance from the provisions of NFPA 101 1997 edition Section 5-2.8 as referenced by the RI State Fire Safety Code in order to allow the Applicant to maintain the existing fire escape in this facility.  In granting this variance, the Board notes that the Life Safety Code allows discretion with the authority having jurisdiction.  In light of the fact that this facility shall be fully sprinklered and alarmed, the Board hereby exercises that discretion in granting this variance.
	
5.  The Board hereby grants a variance from the provisions of Life Safety Code Sections 5-2.2.5.3 and 5-1.3.2.1(e) in order to allow the Applicant to maintain the existing electric panels and equipment located at the bottom of the north stairway enclosure.  In granting this variance, the Board directs the Applicant to provide a rail in front of the service at the basement level and to fully delineate the path of travel at the direction and to the satisfaction of the Providence Fire Marshal’s office.  Finally, if there are any transformers in this area, the Board directs the Applicant to move the transformers outside of the stairs at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
6.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing five-foot doors that are comprised of two (2) thirty-inch leafs.  In granting this variance, the Board notes that this condition is permissible as a school use however, as a business use the minimum clear width of each door should be thirty-two inches.  Since both doors swing in the same direction, the Board shall allow this condition to remain with the formal change to a business classification.
	
7.  The Board hereby grants a variance in order to allow the five doors in the rated stair enclosure to remain.  It is the understanding of the Board that these doors appear to be rated, however the labels appear to have been removed since the time that they were installed.  It is the further understanding of the Board that these doors are equipped with approved panic hardware and vision panels, if installed, are less than one hundred square inches and protected with wire glass.  In granting this variance, the Board notes that the Providence Fire Marshal’s office has no objection.

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)].