The above-captioned case was scheduled for hearing on August 5, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Filippi, O’Connell and Coutu 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 Newbrook 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 a July 1, 2003 response by the Applicant’s architect to a plan review conducted by the Providence Fire Marshal’s office.  The above response was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the August 5, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the July 1, 2003 response of the Applicant 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
	
During the August 5, 2003 hearing on this matter, the Board was advised that the Applicant was going to provide this facility with an approved municipally connected fire alarm system.  The Board was further advised that the Applicant would provide this facility with an approved full sprinkler system although it is not currently required.  Accordingly, the Applicant has requested a series of variances, outlined herein, based on structural hardship.  The Providence Fire Marshal’s office has no objection to this request in light of the Applicant’s providing this facility with an approved municipally connected fire alarm system and sprinkler system which will now be deemed required.
	
1.  The Board hereby grants a variance from the provisions of section 5-2.1.3.3 in order to allow the Applicant to maintain the existing cited step-downs from this facility.
	
2.  The Board hereby grants a variance from the provisions of section 5-2.2.2.1 in order to allow the Applicant to maintain a handrail projection of three and seven eighths (3 7/8) inches and a distance between the handrail of thirty six (36) inches in the cited interior stairs.
	
3.  The Board hereby grants a variance from the provisions of section 5-2.2.2.1 in order to allow the Applicant to maintain the existing cited riser heights in excess of seven (7) inches.
	
4.  The Board hereby grants a variance from the provisions of section 5-2.2.2.1 in order to allow the Applicant to maintain the existing cited interior stair tread depth of ten (10) inches.
	
5.  The Board hereby grants a variance from the provisions of section 5-2.2.2.4 in order to allow the Applicant to maintain the existing variation of riser heights as outlined on the July 1, 2003 response document.
	
6.  The Board hereby grants a variance from the provisions of section 5-2.2.4.1 in order to allow the Applicant to maintain the existing handrails to serve as guards at the stated heights in the July 1, 2003 response document.
	
7.  The Board hereby grants a variance from the provisions of section 5-2.2.4.2 in order to allow the Applicant to maintain the existing distance of seven (7) feet between the north stair handrails of this facility.
	
8.  The Board hereby grants a variance from the provisions of section 5-2.2.4.5(a) in order to allow the Applicant to maintain the existing cited height of the stair handrails of this facility as outlined in the July 1, 2003 response document.
	
9.  The Board hereby grants a variance from the provisions of section 5-2.2.4.5(e) in order to allow the Applicant to maintain the cited stairs without extensions or, as in the case of the west stair, with extensions at the wall rail only.  

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)].