The above-captioned case was scheduled for emergency hearing on September 4, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Richard, Burlingame, Filippi, O’Connell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Costa of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson  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 August 29, 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’s Office during the September 4, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the August 29, 2001 inspection 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. Finally, the Applicant has advised that occupancy of the first three floors of the building shall be limited to 9th and 10th grade high school students on the third floor. The first and second floors shall be vacated and locked. The fire alarm system has been upgraded and a partial sprinkler system, covering the means of egress, has been installed. 
	
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 directs the Applicant to correct deficiency 1, by providing the cited boilers with approved remote shutoff switches installed at the direction and to the satisfaction of the Providence Fire Marshal before occupancy.

2(a). The Board hereby grants a variance from the provisions of section 23-28.17-2(b) in order to allow the Applicant to maintain a single means of egress from fourth story of this facility.  In granting this variance, it is the understanding and direction of the Board that the fourth floor shall not be occupied by students.

3(b). The Board hereby grants a variance from the provisions of section 23-28.17-2(b) in order to allow the Applicant to maintain the existing egress from the first floor tenant space during the period of time this area is locked and unoccupied.

3(a)& (b). The Board hereby grants a variance from the provisions of section 23-28.17-2(d) in order to allow the Applicant maintain the existing remoteness of the cited exit from this facility.  The above variances are based on structural hardship in the absence of an objection by the Providence Fire Marshal.

4. The Board hereby grants a temporary variance from the provisions of section 23-28.17-4(a) in order to allow the Applicant to maintain the existing HVAC ductwork during the above period of limited student occupancy.  In granting this variance, the Board directs the Applicant to provide fire stopping at the floor and ceiling levels at the direction and to the satisfaction of the Providence Fire Marshal before occupancy.

5. The Board hereby grants a variance from the provisions of section 23-28.17-5(f) in order to allow the Applicant to maintain the cited second floor fire doors without fire exit hardware.  In granting this variance, it is the understanding and direction of the Board that the second floor shall not be occupied and shall be sealed off.

6. The Board hereby directs the Applicant to correct deficiency 6 by providing this facility with approved exit signage at the direction and to the satisfaction of the Providence Fire Marshal before student occupancy.

7. The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Providence Fire Marshal before student occupancy.

8(a)(b)&(c). The Board hereby grants variances from the provisions of sections 10-2.2.7, 5-2.6.1, 5-1.3.3 and 5-1.  3.2.1 in order to allow the Applicant to maintain the existing double 5/8 inch sheetrock egress system construction in conjunction with the fire alarm and sprinkler protection, within this facility.  The Board further grants a variance in order to allow the Applicant to maintain the first floor janitor’s closet with approved sprinkler heads in the corridor. 

9. The Board hereby grants a variance from the provisions of sections 10-2.5.1 and 5-5.1.3 in order to allow the Applicant to maintain the existing remoteness of the cited exits.  This variance is granted on the basis of structural hardship in light of the Applicant agreement to fully fire alarm and sprinkle to be egress system of this facility.

10. The Board hereby directs the Applicant to correct deficiency 10 by testing the emergency generator and providing any additional lighting deemed necessary by the Providence Fire Marshal before occupancy.  

11. The Board hereby directs the Applicant to correct deficiency 11 by providing the third floor with those exit signs deemed necessary by the Providence Fire Marshal before occupancy.

12. In light of the limited coverage sprinkler system in this facility, the Board hereby grants a variance from the provisions of section 10-2.11.1 in order to allow the Applicant maintain the existing windows.  In granting this variance, it is the understanding the Board that the Providence Fire Marshal has no objection.

13.   The Board hereby grants a variance from the provisions of sections 10-3.1 and 6-2.4.2 in order to allow the Applicant maintain the existing HVAC ductwork as outlined in item 4 above. 

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 9-19-01.