The above-captioned case was scheduled for hearing on June 21, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Burlingame, Sylvester, Jasparro and Dias were present.  The fire service was represented by the Central Falls Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Jasparro and Vice Chairperson Filippi grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	Based upon the documentation presented and the testimony taken during the June 21, 2011 hearing on this matter, the Board hereby makes the following findings of fact. The Board finds that the subject facility was originally a nursing home that was converted to an educational occupancy. The Board further finds that the building has four (4) stories over a basement. The Board further finds that the building is of equivalent construction to RISBC Type 2A, is fully sprinkled, and maintains a municipally-connected fire alarm system. The Board further finds that the original building maintains four (4) egress stairs with one now being exclusively utilized by first grade students located on the second floor. 

The Board finds that the Applicant is now proposing to share the above first grade egress stair with older students located on the upper floors. The Board further finds that a fire drill, witnessed by Acting Fire Chief Dion, was conducted on March 23, 2011 to determine whether the first grade students on the second floor were able to exit the building without being overtaken by the older students from the third and fourth floors. The Board finds that the fire drill was successful and that the Central Falls Fire Chief confirmed this fact in a May 24, 2011 letter to the Board. The Board further finds that, as a result of the above fire drill, the Central Falls Fire Marshals Office has no objection to the requested relief. Finally, the Board finds that all other fire code deficiencies have been corrected by the Applicant. 	
	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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the state fire code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from the provisions of RILSC Sections 14.2.1.2 and 14.2.1.4 in order to allow the fourth stair (Stair 4), currently used to egress a portion of the first grade students, to now be shared with older students expressing from the third and fourth floors of this facility. In granting this relief, it is the understanding of the Board that a fifth stair, serving the second floor would remain dedicated to the remaining first grade students on the second floor and that the Central Falls Fire Marshals Office has no objection to the above egress arrangement.  

STATUS OF DECISION AND APPEAL RIGHTS
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)].