The above-captioned case was scheduled for hearing on January 9, 2001  at 1:30 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Newbrook, O’Connell, Evans, Filippi, Coutu and Richard 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 Coutu and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of an October 10, 2000 plan review report complied by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the January 9, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the October 10, 2000 plan review report 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 sections 23-28.12-31(a) and 23-28.12-30(h) in order to allow the Applicant to maintain the existing stairway of this facility as means of egress.  In granting this variance, the Board notes that the Applicant shall provide this facility with an approved new two hour rated stairway.  The Board further directs the Applicant to provide all doors in the existing stairway with approved fire rated hardware, installed at the direction and to the satisfaction of the Providence Fire Marshal, prior to occupancy of the second and third floor classrooms of this facility.  Finally, as a condition of this variance, the municipally connected fire alarm system and the full coverage sprinkler system of this facility shall be deemed required systems for the purposes of maintenance.

2. The Board hereby grants a variance from the provisions of section 23-28.12-30 in order to allow the Applicant to maintain the existing swing of the classroom doors of this facility.  The above variance is based upon both structural hardship and the Applicant’s representation that all classrooms shall maintain fewer then 50 students at any one time.  In light of the above restriction, the Providence Fire Marshal's office has no objection.

3. The Board hereby directs the Applicant to correct deficiency 3 at the direction and to the satisfaction of the Providence Fire Marshal prior to occupancy of the second and third floor classrooms of this facility.

4. The Board hereby directs the Applicant to correct deficiency 4 by providing the cited doors with approved panic hardware installed at the direction and to the satisfaction of the Providence Fire Marshal. During the January 9, 2001 hearing on this matter, the Applicant asked the Board to maintain this file as an open file in the event he was unable to fully comply.  Specifically, there are three-quarter inch doors, with an approximate width of 24 inches, servicing the balcony/organ area.  If the Applicant is unable to retrofit these doors with approved panic hardware, he may re-petition the Board under the original file number in this case.

5. The Board hereby grants a variance from the provisions of sections 26-2.1.1 and 5-1.3.2.1(c) in order to allow the Applicant maintain the cited 20 minute doors provided these doors are equipped with approved closing and latching devices and are made reasonably smoke-tight at the direction and to the satisfaction of the Providence Fire Marshal prior to occupancy of the second and third floor classrooms.

6. The Board hereby directs the Applicant to correct deficiency 6 by providing the cited structural steel with approved two-hour protection at the direction and to the satisfaction of the Providence Fire Marshal prior to the student occupancy of the second and third levels of this facility.

7.  The Board hereby grants a variance from the provisions of sections 26-2.1.1 and 5-1.3.2.1(f) in order to allow the Applicant to maintain communication across the two-hour fire barrier within this facility.

8. The Board hereby grants a variance from the provisions of sections 26-2.2.3.1 and 5-2.2.2.1 in order to allow the Applicant to maintain the cited riser height and tread depth of the new stairway servicing the basement through the third floor.

9. During the January 9, 2001 hearing on this matter, the Board was advised that the Applicant and Providence Fire Marshal's Office had resolved deficiency 9.

10. The Board hereby grants a variance from the provisions of sections 26-2.5.1, 5-5.1.3 and 5-5.1.4 in order to allow the Applicant to maintain the existing remoteness between the new exit stairway and the existing exit stairway this facility.  This variance is granted on the basis of structural hardship.

11. The Board hereby directs the Applicant to correct deficiency 11, at the direction and to the satisfaction of the Providence Fire Marshal prior to classroom occupancy of the second third floor of this facility.

12. The Board hereby directs the Applicant to correct deficiency 12, at the direction and to the satisfaction of the Providence Fire Marshal prior to classroom occupancy of the second third floor of this facility.

13. The Board hereby directs the Applicant to correct deficiency 13, at the direction and to the satisfaction of the Providence Fire Marshal prior to classroom occupancy of the second and third floors of this facility.

14. The Board hereby directs the Applicant to correct deficiency 14, at the direction and to the satisfaction of the Providence Fire Marshal prior to classroom occupancy of the second and third floors of this facility.

15. It is the understanding of the Board that the Applicant has corrected deficiency 15, by providing this facility with an approved fire alarm system with additional upgrades in the renovated areas. It is the further understanding of the Board that plans for this system have been submitted to the Providence Department of Telecommunications and that the Applicant shall comply with all further directives of that department.

16. During the January 9, 2001 hearing this matter, Board was advised that the Applicant needed an additional variance in order to bring this facility into compliance with the code. The Board hereby grants a variance from the provisions of life safety code section 5-1.5 in order to allow the Applicant to maintain a height of six feet, nine and one half inches at the bottom of stairway #2 at the new exit door designated #003.  In granting this variance, is the understanding of the Board that providing a 7 foot, six inch height requirement is not possible due to the existing plan and sectional constraints on the stairway.

17. Pursuant to the motion of Commissioner Wahlberg, the Board hereby directs, as a condition of the variances granted herein, that no part of this building shall be utilized for the distribution of alcohol.
 
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)].

This decision was mailed on 10-12-01.