The above-captioned case was originally scheduled for hearing on March 26, 2002 at 1:00 P.M. At that time, the Board directed an onsite review that was scheduled for April 9, 2002 at 10:30 AM. In the absence of a quorum to review this matter during the regular April 9, 2002 meeting, review of the onsite recommendations was postponed to April 23, 2002 and again to April 30, 2002. At that time, Chairman Farrell and Commissioners Wahlberg, Filippi, Coutu, Evans, Pearson and Burlingame were present. Commissioner Newbrook recused himself from considering this matter. A motion was made by Commissioner Pearson and seconded by Commissioner Burlingame to accept the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the March 23, 2002 and April 9, 2002 hearings on this matter, the Board was advised and finds the following.  This is an existing two-story building.  The first level is below grade on the west side and at grade on the east side.  The greater portions of the north and south sides of the first level are at grade.  The building is of type 3B construction with exterior CMU bearing walls, interior unprotected steel, and four inch mill decking.  The proposed building shall be protected with the municipally connected fire alarm system. As the result of the Fire Board’s review of this facility, the Applicant has agreed to fully sprinkle this complex. 
	
The proposed use of this building is educational.  The upper level of the building will be split between two distinct charter schools.  The International School will initially occupy 15,000 square feet on upper floor on the north side of the building and house grades K though 6.  The Blackstone Academy will occupy 15,000 square feet on the upper floor of the south side of this building and house the upper grades.  The International School will eventually occupy the north side of the lower-level after the current tenant, a Bakery distribution service, vacates prior to the 2003-2004 school year.
	
During the first year of operation, the International School requests to maintain  the kindergarten, first and second grade students one level above the exit discharge.  Accordingly, the Applicant has requested a variance for the first year operation to utilize the 2000 Edition of the Life Safety Code rather than the 1997 Edition of Life Safety Code.  Specifically, an exception to section 14.2.1.2 of 2000 Edition permits the above students to be located on a different floor level then the level of the exit discharge provided there are independent means of egress dedicated for use by kindergarten first and second grade students.  

During the first year, the Applicant shall maintain separate stairs for the kindergarten first and second grade students.  The stairs shall be dedicated exclusively for the discharge of kindergarten and first grade students.  The second and third grade students will use other exits.  During the second year of operation, and thereafter, the kindergarten, first and second grade students shall be located on the lower-level of this facility which is the level of exit discharge. 
	
In order to accomplish the above objectives, the Applicant shall provide two sets of temporary stairs and the two schools shall be separated by two-hour construction.  One of temporary stairs shall only access by the Blackstone Academy dedicating the east stairwell to the International School kindergarten and first grade students.  The second set of temporary stairs, located on the north side of the building, will be utilized as second needs of egress dedicated to kindergarten and first grade students.  The temporary stairs shall be removed for the second year after the children are relocated to the exit discharge level.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the provisions of section 10.2.1.2 in order to allow the owner to temporarily maintain kindergarten and first grade students one level above the level of exit discharge during the first year of the educational occupancy of this facility. This variance is granted pursuant to the Owner’s request  to comply with the provisions of section 14.2.1.2 of the 2000 Edition of NFPA 101 in order to safely maintain this occupancy under the national standards.  Specifically, the Owner shall provide approved egress exclusively dedicated to kindergarten and first grade students during the 2002-2003 school year.  

As a further condition of this variance, the Board hereby directs the Owner to fully sprinkler this building. The Board further directs the Owner to remove all hazards from the lower level of this facility during normal school occupancy. This would include restricting any truck from parking within the lower level of this facility between the normal school weekday hours of 8:00 AM through 3:00 PM. 

It is the understanding of the Board that the above condition shall be shall be moot upon the expiration of the Bakery’s lease, prior to the second school year, when the northern lower level space shall vacated by the bakery and re-occupied by the school. However, the Board directs the Owner to exercise a good faith effort to keep trucks out if the school is occupied by students either before or after the above hours. 

Further, the Board directs the Owner to provide two compliant stairs, as outlined above, to allow for exclusive egress by the kindergarten and first grade students.  Further, the Board directs the Owner to seal off the access stairs to the lower level of this facility while that area is not being used for student occupancy. Finally, the Board directs the Owner to remove all other equipment during the hours of student occupancy.   

2. The Board hereby grants a variance in order to allow the Owner to maintain the existing unprotected steel of the floor/ceiling assembly within this structure. This variance is also based upon the Owner’s agreement to provide this facility with full sprinkler coverage prior to student occupancy during the 2002-2003 school year. In light of the steel and mill construction of the floor ceiling assembly, along with the proposed  full sprinkler system, the Board finds that the Owner shall be maintaining suitable separation between the occupancies in this facility.   

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)].