The above-captioned case was scheduled for hearing on August 24, 2004 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook, Filippi and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Murphy of the Tiverton Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the August 24, 2004 hearing on this matter, the Board was advised and finds that the Applicant is in the process of renovating this existing elementary school.  The Applicant’s plan of action for the egress system of this school is outlined on pages nine, ten and eleven of plans submitted to the Board.  During the 2004 year, the Applicant is planning to provide sprinkler coverage in the lower corridor and stairwells.  The Applicant is further planning to provide fire rated doors and walls at the north stairwells of this facility.  The Applicant is further planning to provide a fire rated entry vestibule and door from the cafeteria to the stairs of this facility.  Finally, the Applicant is planning to provide flame proof certification of all drapes, curtains and other decorative and acoustical material at the direction and to the satisfaction of the Tiverton Fire Marshal’s office. 

In 2005, the Applicant is planning to provide this facility with an approved full coverage fire alarm system installed at the direction and to the satisfaction of the Tiverton Fire Marshal’s office.  

The Board further finds that in 2006 the Applicant is planning to provide this school with a full coverage sprinkler system, fire pump and all necessary water connections.  Finally, in 2008, the Applicant is planning to provide the kindergarten and first grade students of this facility with approved at-grade access.

The Board was further advised and finds that the Applicant shall designate a specific time for lunch for the first graders and that that group shall only be allowed in the cafeteria during that time in order to assure exclusive access to the egress stairways.  The Applicant and the Tiverton Fire Marshal’s office are requesting the Board’s review and approval of this plan of action for the fire safety of this school.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby approves the Applicant’s plan of action and time table as outlined above.  Specifically, the Applicant shall have the above time table in order to bring this facility into compliance at the direction and to the satisfaction of the Tiverton 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)].