As indicated in the file, a hearing involving the above-captioned property was conducted on September 30, 2014 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Booth, Jackson, Sylvester and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal James Bellamy of the East Providence Fire Marshals Office.
APPLICANT: Edward Catelli and Paul McCarthy (Garaventa Lift).
TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Edward Catelli (Facilities Director) of East Providence School Department, 145 Taunton Avenue, East Providence, RI dated September 17, 2014.
3.	The Application was received by the Board and File  140124 opened on September 25, 2014.
4.	A hearing on the Application was conducted on September 30, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Sylvester to grant the Applicant relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140124 and are pertinent to the decision rendered:

1.	Variance Application  140124 dated September 17, 2014 and filed on September 25, 2014.
2.	East Providence Fire Marshals Office Inspection letter dated September 19, 2014.

EXHIBITS

The following documents were presented at the September 30, 2014 hearing as exhibits:

1.	Applicants product information brochure for Garaventa GSL-1 platform lift.
2.	AHJs floor plan sketches (2 pages).

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below correspond with those of the September 19, 2014 inspection letter compiled by the East Providence Fire Marshals Office.  The above letter was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the September 30, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the September 19, 2014 inspection letter 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.
2.	The facility currently has an existing platform lift installed for the left wing in Stair  179 and is seeking relief to install an additional platform lift for the right wing in Stair  178.
3.	The Applicant has testified that the lift is not utilized during normal dismissal times or during classroom rotations and is limited to use by trained staff to assist a specifically identified student.
4.	The Applicant further testified that the proposed lift will be interfaced with the facilitys fire alarm system in a manner that prevents use during an alarm activation.  Further, if the lift was in use during an alarm situation, the lift would automatically return to the storage location where the student would be removed by staff and the lift returned to the stored position, minimizing impact of the stair egress width.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.10 to allow the installation of a platform lift within Stair  178 of the right wing of the facility based upon existing conditions and a structural hardship.

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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

STATUS OF DECISION AND APPEAL RIGHTS

1.	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).
2.	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).
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3.	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).
4.	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)].