As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, May 21, 2019 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Filippi, Pearson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Timothy Lutz, Sr. of the Providence Fire Marshals Office.
APPLICANT: Jason Futrell, Eric Army and John Amara.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under RIGL 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 Jason Futrell (authorized representative) of Studio Meja, 11 Aleppo Street, Providence, RI dated April 26, 2019.
3.	The Application was received by the Board and File  190060 was opened on April 23, 2019.
4.	A hearing on the Application was conducted on May 21, 2019 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 Thornton and seconded by Commissioner Pearson to grant the Applicant selected relief on the items presented ( 1  4) over the objection of the Providence Fire Marshal's Office on item  1.  The motion failed on a 3 to 2 vote with Commissioners Sylvester and Booth voting in opposition and Chairman Newbrook abstaining from the vote.
6.	A subsequent motion was made by Commissioner Thornton and seconded by Commissioner Sylvester to grant the Applicant relief on items  2  4 as outlined herein.  The motion passed on a 6 to 0 vote

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  190060 and are pertinent to the decision rendered:

1.	Variance Application  190060 dated April 26, 2019 and filed on April 23, 2019.
a.	Attached Plan of Action dated April 26, 2019
b.	Letter of authorization for Jason Futrell and/or Eric Army from Elizabeth Richards-Hegnauer of Trinity Academy for the Performing Arts dated [undated].
2.	Providence Fire Marshals Office plan of action report [email] dated April 17, 2019.

EXHIBITS

The following documents were presented at the May 21, 2019 hearing as exhibits:

1.	Applicants updated plan of action with photographs and drawings dated April 26, 2019.
2.	Letter of authorization for Jason Futrell and/or Eric Army from Joseph R. Paolino, Jr. of 275 Westminster Partners, LLC dated May 17, 2019 

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 Findings of Fact:

1.	The Decision below corresponds with the April 26, 2019 plan of action report compiled by the Applicant.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the May 21, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the April 26, 2019 plan of action 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 5-story above grade building with a basement level, classified as a multiple/mixed use (business and new educational) occupancy, consisting of approximately forty-eight thousand five hundred ten (48,510) square feet (gross area) and originally built in 1900.
3.	The building is of Type III (211) construction, will have a compliant fire alarm system and will be provided with an approved automatic sprinkler system.
4.	The Board finds through testimony of the Applicant that the expected enrollment of the educational portion of the building will be approximately two hundred four (204), will cover grades 7 through 12, and will be limited to the first, second and third floors of the building.
5.	There is no objection by the Providence Fire Marshals Office to the granting of the relief outlined herein on items  2  4.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

References to NFPA shall mean the National Fire Protection Association; references to the Rhode Island Fire Code [RIFC] shall mean NFPA 1, (2015 edition) as incorporated by reference and amended by 450-RICR-00-00-7; and, references to the Rhode Island Life Safety Code [RILSC] shall mean NFPA 101, (2015 edition) as incorporated by reference and amended by 450-RICR-00-00-8.

1.	The Board hereby denies the Applicant a variance from the provisions of RILSC section 14.2.3.2 allowing existing exit access corridors less than the required six (6) feet of clear width to remain in use without modification based upon the fact that extensive renovations to the affected floors are presently in progress and the strong objection by the Providence Fire Marshal's Office.
2.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2.4.5.6(2) [formerly section 7.2.2.4.4.6(2)] by allowing the existing rear (back) stair handrail to remain in use without modification based upon a structural hardship.
3.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2.4.6 [formerly section 7.2.2.4.5] by allowing the existing rear (back) stair guard height to remain without modification based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the height requirement at the top level (fifth floor) stair landing in accordance with section A.7.2.2.4.6.2(3), at the direction and to the satisfaction of the Providence Fire Marshal's Office.
4.	The Board hereby denies the Applicant a variance from the provisions of RILSC section 7.2.2.4.6.3 [formerly section 7.2.2.4.5.3] requesting existing open guards of the rear (back) stair to remain in use without modification based upon the fact that extensive renovations to the affected floors are presently in progress and the objection by the Providence Fire Marshal's Office.  The Board further finds no hardship in complying with this requirement by infilling of the open spaces, at the direction and to the satisfaction of the Providence Fire Marshal's Office.

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).

The Board directs that this file may be reopened if necessary in order to allow the Applicant to return in the future should additional issues be identified and relief be required for the completion of this project or to obtain a certificate of occupancy.

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 RIGL 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 [FSC] section 450-RICR-00-00-1.7.2(V)].
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: FSC section 450-RICR-00-00-1.7.2(W)].  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 FSC or a revision of the above-cited classification.  [See: FSC section 450-RICR-00-00-1.7.2(X)].
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 RIGL section 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:  FSC section 450-RICR-00-00-1.7.2(Y)].
4.	In accordance with RIGL section 23-28.3-5(e), any person who violates a final order of the Board may be subject to prosecution in the District Court with possible imprisonment for a term not exceeding one (1) year, or fined not more than one thousand dollars (1000) for each offense.
5.	In accordance with RIGL section 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: FSC section 450-RICR-00-00-1.7.2(R)].  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].