The above-captioned case was scheduled for hearing on July 24, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Preiss, Jackson, Jasparro and Walker were present.  Vice Chairman Newbrook recused himself from consideration of this case.  ADSFM Joseph St. Jean of the Exeter Fire Marshal's office contacted the Board and advised that he was in agreement with the Applicants plan of action, provided that the sprinkler coverage outlined in item 5 include an approved fire department connection installed at the direction and to the satisfaction of the local fire marshal's office.  A motion was made by Commissioner Richard and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed with Vice Chairman Newbrook abstaining.

FINDINGS OF FACT
	During the July 24, 2007 hearing on this matter, the Board had before it a portion of an engineering report prepared for the Applicant by Hughes Associates, along with a specific list of five (5) variances that the Applicant was requesting.  In light of the above, the Board finds that this facility is a conversion from an existing mercantile occupancy to a new educational occupancy for forty-seven (47) pre-school and kindergarten children.  The Board further finds that as part of the Applicants plan of action the Applicant will fully comply with the provisions of Chapter 14 of the RI Life Safety Code for new educational occupancies, subject to the requested variances below.  The Board further finds that the building will be protected by automatic sprinklers on the basement level and that a new, municipally connected fire alarm system shall be installed throughout.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 7.2.2.5.1.1 and 7.2.2.5.1.3 in order to allow the existing configuration of the basement interior stair with the basement level door being replaced with a rated door that is self-closing and self-latching.  As a condition of this relief, a gate-type barrier is to be installed on the first floor level to prevent accidental entry into this stairway by the children.
	2.  The Board hereby grants a variance from the provisions of section 7.7.2 in order to allow the existing discharge of the basement stair into the first floor open area space as outlined above with a further understanding that there are seven (7) means of egress from the first floor level of this facility.  Finally, it is the understanding of the Board that the basement occupancy shall be extremely limited.
	3.  The Board hereby grants a variance from the provisions of section 7.2.2.5.1.1 and 7.2.2.5.1.3 in order to allow the existing second floor interior stairway to be enclosed at the second floor level with rated doors that are self-closing and self-latching.  
	4.  The Board hereby grants a variance from the provisions of section 7.7.2 in order to allow the existing second floor interior stair to discharge onto the first floor open area.  Again, this variance is based on limited occupancy of the second floor along with the fact that there are seven (7) means of egress from this level.
	5.  The Board hereby grants a variance from the provisions of section 14.3.5.1 in order to grant the Exeter Fire Marshal's office the authority to modify NFPA 13 sprinkler standards in order to provide this facility with a limited coverage sprinkler system utilizing NFPA 13D or other equivalent standards with an approved fire department connection in place.  The above alternative sprinkler coverage shall be installed at the direction and to the satisfaction of the Exeter Fire Marshal's office and shall include an approved fire department connection, installed at the direction and to the satisfaction of the Exeter Fire Marshal's office.  This relief is granted pursuant to the Boards understanding that the lower level of this facility shall not be utilized or occupied by the children.

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 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).
	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 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).
	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)].