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 Newbrook 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 this is an existing elementary school in which the Applicant plans to substantially upgrade the fire protection.  The Board was further advised and finds that during 2004, the Applicant plans to provide stairs to grade from the cafeteria and to fully flame-proof all draperies, curtains and other decorative and acoustical material at the direction and to the satisfaction of the Tiverton Fire Marshal’s office.

The Board was further advised and finds that during 2005, the Applicant plans 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.

The Board further finds that in 2006 the Applicant plans to provide this facility with an approved full coverage sprinkler system installed at the direction and to the satisfaction of the Tiverton Fire Marshal’s office.  

The Board was further advised and finds that the classrooms of this facility are at grade and that during construction the children will be provided with a new exit door from the cafeteria.  The Board was further advised and finds that students shall be kept in the classrooms until the cafeteria stairway is completed and that the cafeteria shall only be utilized for lunch after the new stairs are completed.  Finally, the Board was advised and finds that until the work is done, the children will be maintained in the classrooms and that the library services will be brought to them.  In light of the above, it is the understanding of the Board that the Tiverton Fire Marshal’s office had no objection to the plan of action.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby approves the above plan of action as outlined by the Tiverton School Department and 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)].