The above captioned case was scheduled for hearing on October 30, 2001 at l:00 p.m.  At that time, the meeting was chaired by Vice Chairman Richard.  Chairman Farrell and Commissioners Coutu, Newbrook, Filippi, and Wahlberg were present. An initial motion was made by Chairman Farrell and seconded by Commissioner Coutu addressing the Applicant’s request to lock out the fifteenth and twelfth floor lobbies of this facility.  The motion was unanimous.  A second motion was made by Chairman Farrell and seconded by Commissioner Wahlberg granting the Applicant additional time in order to sprinkler this facility.  That motion was also unanimous.

FINDING OF FACT
	
The Board finds that the entire fifteenth floor of this facility will house a single business tenant space.  The egress system servicing the floor consists of two (2) existing stairways.  The two- (2) stairways servicing this floor are both inside the tenant space.  The floor is also accessed from six (6) elevators.  The floor will utilize the buildings existing heating system.  The floor will also be protected with a sprinkler system, two (2) fire hose stations, two (2) portable fire extinguishers, exit signs, emergency lighting and a municipally connected fire alarm system.  Exit access from the elevator lobby on this floor is through the tenant space.

The Board finds that the entire twelfth floor tenant space will also house a single business tenant space.  The egress system servicing this floor consists of two (2) existing stairways.  The two- (2) stairways servicing this floor are both inside the tenant space.  Six (6) elevators also access this floor.  The twelfth floor will utilize the buildings existing heating system and the floor will be further protected by a sprinkler system, two (2) fire hose stations, portable fire extinguishers, exit signage, emergency lighting and a municipally connected fire alarm system.  Exit access to the elevator lobby will be through the tenant space.  

Finally, it is the understanding of the Board that there are two (2) remaining tenant occupied floors, which need to be sprinkled in order to provide a fully sprinkled building.

	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 provisions of Section 26-2.5.l and 5-l.8.l in order to allow the Applicant to maintain no direct access to an exit from the lobby area of the fifteenth floor of this facility.  As a condition of this variance, the Board directs the Applicant to lock out elevator access to the fifteenth floor of this facility and to further provide signage on the fifteenth floor indicating the procedure to access the interior egress system.  The above signage shall be no less than ¾ inch in height on a contrasting background.  The above signage shall be installed at the direction and to the satisfaction of the Providence Fire Marshal’s Office.  All additional safeguards, as outlined in the August 28, 2001 Board Decision covering 50 Kennedy Plaza, File No.: 010197 shall be further maintained as a condition of this variance covering the fifteenth floor lobby area.

During the October 30, 2001 hearing on this matter, the Board was advised that the Applicant would not be able to prevent elevator access to the twelfth floor of this facility.  Accordingly, the Board directs that the fourth floor offices of this facility shall not be locked in a manner which would prevent access to the egress system on the fourth floor.  Accordingly, the Applicant shall only be required to utilize regular exit signs in this area.  The Applicant is further directed to provide both floors with approved emergency lighting with either battery or generator backup.

2.	The Board hereby grants the Applicant a time variance of one hundred and twenty (l20) days from the date of this Decision in order to sprinkler the remaining areas of this building, 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)]