The above-captioned case was scheduled for hearing on November 23, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Walker, Richard, Dias and Pearson were present.  The fire service was represented by Deputy State Fire Marshal Robert Couture of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Dias 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 17, 2010 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the November 23, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the September 17, 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 
	1-2.  It is the understanding of the Board that the Applicant has corrected deficiencies 1 and 2 at the direction and to the satisfaction of the State Fire Marshals Office.
	3.  (10-2270-VN).  During this hearing, the Board was advised that the Applicant had requested a variance in order to maintain the intermingled age and grade levels of students within this facility.  The Applicant and the State Fire Marshals Office noted that the maximum student occupancy would be forty (40) children and that approximately six (6) of the current students are age seven or under.  The Board was further advised that the third floor of this facility is an open space that is used for physical education approximately twice a week.  The Board was further advised that the Applicant had submitted a plan for fire drill and rapid evacuation which took into account the younger students.  The Board was further advised that the State Fire Marshals Office had reviewed and approved this plan based on the limited student occupancy of no more than forty (40) children along with the fact that this facility is fully sprinklered.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the current configuration of children within this facility in accordance with the proposed emergency procedures plan that had bee reviewed and approved by the State Fire Marshals Office.  The variance is granted pursuant to the limited number of children within this facility and the fact that it is fully sprinklered and alarmed.  Finally, the Board notes that the State Fire Marshals Office has no objection to this relief based on the above factors.
	4-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 4 and 5 at the direction and to the satisfaction of the State Fire Marshals Office.

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)].