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

FINDINGS OF FACT
	
During the August 1, 2000 hearing on this matter, the Board was advised that the Applicant sought two variances.  The first request was for a time variance covering temporary emergency classrooms during the 2000-2001 school year.  Specifically, the applicant wished to temporarily convert a library into 2 classrooms.  Each classroom would have two means of egress but the temporary construction would not provide an approved 60 minute fire rating.  

The second variance request involved the corridor ceiling height at certain locations.  Specifically, the existing ceiling height in certain areas of the early childhood and lower schools is approximately 6 ft. 8 in. rather than seven feet.  

Finally, it is the understanding of the Board that all other fire code deficiencies within the school 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, is defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board grants a temporary variance in order to allow the Applicant to divide the existing library in this facility into 2 classrooms with a temporary non-rated corridor wall.  In granting this variance, it is the understanding of the Board that the Applicant shall maintain two means of egress from the two temporary classrooms.  Finally, it is the understanding and direction of the Board that this variance shall be void at the end of the 2000-2001 school year.

2. The Board by grants a variance in order to allow the Applicant to maintain the existing corridor ceiling height of the school.  In granting this variance, the Board notes that the existing corridor ceiling height is approximately six feet, eight inches, instead of seven feet, at several points in the corridors where structural support beams are located.  This variance is granted the basis of structural hardship in the absence of an objection by East Providence Fire Marshal's 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 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)].