The above-captioned case was scheduled for hearing on May 20, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Filippi, Coutu 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 in sequence with the variance issues presented by the Applicant in an April 21, 2003 letter addressed to Lt. George Calise of the Providence Fire Marshal’s office.  The above April 21, 2003 Applicant’s letter was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the May 20, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the April 21, 2003 Applicant’s letter 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.  The Board hereby grants a variance from the provisions of section 5-1.5 in order to allow the Applicant to maintain the existing ceiling height at the perimeter of the fourth floor of this facility at less than six feet eight (6’8”) inches.  This variance is based on structural hardship in light of the Applicant’s agreement to provide this facility with an approved sprinkler system and municipally connected fire alarm system and two remote exits.  In light of the above, the Providence Fire Marshal’s office has no objection.
	
2.  The Board hereby grants a variance from the provisions of section 5-2.2.2.1(b) in order to allow the Applicant to maintain the existing stair width in this facility at less than forty four inches (44”).  This variance is based upon structural hardship in light of the above referenced fire safety features the Applicant has installed within this facility.
	
3.  The Board hereby grants a variance from the provisions of section 5-2.2.4.6 in order to allow the Applicant to maintain a guardrail at a height of less than forty two inches (42”).  In granting this variance, it is the understanding of the Board that the current height of the guardrail does comply with the State Building Code and that modification of the cited guard rail would impose a structural hardship upon the Applicant and possible reduce the size of the egress system.  
	
4.  The Board hereby grants a variance from the provisions of section 6-2.3.1.1 in order to allow the Applicant to maintain the existing two-hour stair enclosure bearing on a one-hour construction.  In granting this variance, it is the understanding of the Board that the Applicant is unable to get a two-hour stair enclosure in the north stairwell in light of the stair continuity.
	
5.  The Board hereby grants a variance from the provisions of section 5-4 in order to allow the Applicant to maintain a single standpipe in one of the required exit stairways in lieu of providing a standpipe in each of these stairways.  In granting this variance it is the understanding of the Board the stairways are back to back and that installation in one stairwell would provide sufficient fire department access to reach upper floors with a one hundred (100) foot hose. 
	
6.  The Board hereby directs the Applicant to correct all remaining deficiencies and provide any additional fire safety systems referenced herein prior to occupancy.
 

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)].