The above-captioned case was scheduled for hearing on April 29, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Filippi, Pearson 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 Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the April 29, 2003 hearing on this matter, the Board was advised and finds that this is an existing school building which is undergoing major renovation.  The Board further finds that the Applicant has provided this facility with a full sprinkler system and a new CMU stairwell having a two-hour fire rating.  The Applicant is seeking relief in order to utilize the fourth floor level of this facility as an art classroom.  Specifically, the Applicant is seeking relief for those locations on the fourth floor where the ceiling height is reduced under the existing eaves.  The Applicant is further seeking a time variance in order to come into compliance with the required self-closing latching doors and limited glass size on the doors serving the original stairway of this facility.  Specifically, the Applicant wishes to address this work during phase two of its project which should be completed on or before December 31, 2005.

Finally, the Applicant advised the Board that its original request with regard to sprinkler coverage in the elevator shaft and machine room, has been withdrawn.  The Applicant has withdrawn this request in light of a recent variance it received from the State Building Commissioner and State Fire Marshal in file number BV 02-01.  

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 utilize the remodeled classrooms as art studios with compromised headroom.  In granting this variance, it is the understanding of the Board that this facility is fully sprinklered and alarmed and has been provided with a new two-hour stairway.  It is the further understanding of the Board that the variance is based upon structural hardship in light of the 1922 construction of this facility.  Finally, as a condition of this variance, the Board hereby directs the Applicant to maintain the sprinkler and fire alarm systems within this facility as required system.
	
2.  The Board hereby grants the Applicant a time variance in order to provide the 1922 staircase with approved rated replacement doors and jambs having approved latching hardware and appropriate glass size, at the direction and to the satisfaction of the Providence Fire Marshal, on or before December 31, 2005.  In granting this variance, it is the understanding of the Board that the above corrections plan to be incorporated into this facility during phase two of the Applicant’s renovation project.

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)].