The above-captioned case was scheduled for hearing on August 15, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Pearson, Wahlberg, O'Connell, Coutu, Richard, Evans, Burlingame and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Alan Adams of the Portsmouth Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

The numbers of the Decision below correspond with those of a February 29, 2000 inspection report complied by the Portsmouth Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Portsmouth Fire Marshal’s Office during the August 15, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the February 29, 2000 inspection report as its initial findings of fact.  Any modification of the Board’s 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. It is the understanding of the Board that the Applicant shall correct deficiency 1, by repairing the cited emergency lights, at the direction and to the satisfaction of the Portsmouth Fire Marshal.

2. It is the understanding of the Board that the Applicant shall correct deficiency 2, by repairing the cited exit sign at the north end of the music room, at the direction and to the satisfaction of the Portsmouth Fire Marshal.

3. Is the understanding of the Board that the Applicant shall correct deficiency 3, by removing the storage from the cited egress corridors in this facility.

4. The Board hereby grants a variance from the provisions of section 23-28.12-30(a) to allow the Applicant to maintain the existing swing to the cited classroom doors within this facility.  In granting this variance, is the understanding of the Board that the Portsmouth Fire Marshal has no objection.

5. It is the understanding of the Board that the Applicant has corrected deficiency 5 by properly re-swinging the cited basement doors in the direction of egress travel.

6. It is the understanding of the Board that the Applicant shall correct deficiency 6 by removing the dead bolt on the door leading from the cafeteria.

7. Is the understanding of the Board that the Applicant shall correct deficiency 7 by replacing the cited fire door from the basement corridor into the stairwell.

8. Is the understanding of the Board that the Applicant shall correct deficiency 8, by removing the storage from the cited stairwells, at the direction and to the satisfaction of the Portsmouth Fire Marshal.

9. It is the understanding of the Board that the Applicant shall correct deficiency 9, by providing the Portsmouth Fire Marshal with approved certification of the flame resistance to the curtains hanging in the music room of this facility.

10. It is the understanding of the Board that the Applicant shall correct deficiency 10, by properly illuminating the cited exit signs of the basement level of this facility.

11. It is the understanding of the Board that the Applicant shall correct deficiency 11, by providing the cited fire doors with approved self-closing devices, at the direction and to the satisfaction of the Portsmouth Fire Marshal.

12. Is the understanding and direction of the Board that all fire and smoke doors within this facility shall not be improperly held open.  The Board hereby directs the Applicant to maintain the above fire and smoke doors at the direction and to the satisfaction of the Portsmouth Fire Marshal. 

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)].