The above captioned case was scheduled for hearing on August 28, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Coutu, Evans, Filippi, Wahlberg, O’Connell 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 Coutu to grant the Applicant relief as outlined herein. The motion was unanimous.

FINDING OF FACT
	
The numbers of the Decision below correspond with those of a June l4, 2001 inspection report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal during the August 28, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the June l4, 2001 inspection report as its initial findings of fact.

	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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from the Life Safety Code Sections 26-2.1.1, 5-4.l.6 and 5-5.l.2 along with RI Fire Safety Code Section 23-28.l7-2 in order to allow the Applicant to maintain the existing locking devices on doors #800A, 800B, 801, 90l, 90lB and 902 in accordance with the following conditions.  As an initial condition of this variance, the Board directs the Applicant to install illuminated exit signs at the locations as needed by the Providence Fire Marshal.  The Board further directs the Applicant to install emergency/night-lighting connected to the buildings emergency power circuit in those areas designated by the Providence Fire Marshal’s Office.  

The Board further directs the Applicant to only utilize specialized locking mechanisms on the above cited doors which are to be tied into the buildings fire alarm and emergency circuits so that such doors would “fail” in the unlocked condition in the event of either fire alarm activation or electrical power failure.  Further, the Board directs the Applicant to provide approved signage, which states “THIS DOOR WILL UNLOCK UPON LOSS OF POWER OR UPON ACTIVATION OF THE FIRE ALARM SYSTEM”.  The above signs shall be in lettering no less than ¾ of an inch over a contrasting background and installed in all lobbies impacted by the above variance, at the direction and to the satisfaction of the Providence Fire Marshal.  

Finally, as renovations proceed here in this building, the Board directs the Applicant to attempt to provide direct access from the effected lobby areas to the adjoining stairwells, at the direction and to the satisfaction of the Providence Fire Marshal.  The stated goal of the parties it to eventually provide at least one (l) means of egress from each of the above impacted lobby areas.

2-9.	 It is the understanding of the Board that the Applicant shall correct deficiencies #2,3,4,5,6,7,8, and 9 at the direction and to the satisfaction of the Providence Fire Marshal’s Office.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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 within the Sixth Division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision.  [RIGL 42-35-l5(c)]