The above-captioned case was scheduled for hearing on August 17, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Pearson, Jasparro, Jackson, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Donald Medeiros of the Little Compton Fire Marshals Office.  A motion was made by Commissioner Jasparro and seconded by Commissioner Walker 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 April 20, 2010 inspection report compiled by the Little Compton Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Little Compton Fire Marshals Office during the August 17, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the April 20, 2010 inspection report as its initial findings of fact.  Any modification of the Boards 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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the August 17, 2010 hearing on this matter, the Board had before it the question of the cafeteria within this facility lacking a second approved means of egress.  After a lengthy discussion including potential bond issues, alternative plans of compliance and other factors involved in this case, the Board directed the Applicant and the Marshal to develop full plans as part of a plan of action addressing all contingencies for this facility and to return to the Board for more comprehensive review on October 26, 2010.  
	During the interim period, the Board directs the Applicant to work closely with the Little Compton Fire Marshals Office, remove any and all obstructions to the egress system, provide this facility with any additional monitors deemed necessary by the Little Compton Fire Marshal, re-swing any doors deemed necessary by the Little Compton Fire Marshals Office, provide additional exit signage deemed necessary by the Little Compton Fire Marshals Office and conduct fire drills witnessed by the Little Compton Fire Marshals Office.
	The Board notes that the subject facility is covered under a statutory blanket variance for schools which expires on December 31, 2010.  However, in light of the fact that the Applicant shall need additional time in order to complete this plan of action, the Board deems the above safeguards as a necessary foundation for the extension requested by the Applicant.

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 Applicants 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 Boards 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 Boards 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)].