The above-captioned case was scheduled for hearing on October 26, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Richard, Jasparro and Dias were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal James Bellamy of the East Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioners Dias and Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of a September 29, 2010 plan review report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence  Fire Marshals Office during the October 26, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the September 29, 2010 plan review 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.  The Board hereby grants a variance from the provisions of sections 14.4 and 14.4.1 in order to allow the Applicant to utilize the proposed chair lift as outlined herein.  In granting this relief, the Board notes that an adult will always operate this chair lift and that the chair lift will be designed to wrap around the closet area on the lowest level of the stairway in which the chair is to be installed.  The Board notes that this may involve the abandonment of the closet in order to store the device in that area to keep the stairway unobstructed.  The Board further directs the Applicant to not utilize the chair when classes are moving and to train the chair operator and the teachers aides assigned to this chair in its full operation and storage.  The Board further notes that the above chair shall be tied into the fire alarm system at the direction and to the satisfaction of the East Providence Fire Marshals Office and that the chair shall maintain an independent battery back-up within the unit.  Finally, the Board notes that the Applicant shall provide the East Providence Fire Marshals Office with a full plan of action for staff training and comply with all additional requirements requested by the East Providence Fire Marshals Office.
	2.  The Board hereby grants a variance from the provisions of section 14.6.3.1 for the reasons outlined in item 1 above.
	3.  The Board hereby grants a variance from the provisions of section 7.1.10.2.1 conditioned upon the Applicants compliance with the conditions outlined in item 1 above.
	4-5.  The Board hereby directs the Applicant to correct deficiencies 4 and 5 (section 1.14) by providing the East Providence Fire Marshals Office with documentation showing how this chair shall be tied into the existing fire alarm system and further providing a plan of action showing the location of this device in the building as outlined in item 1 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 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)].