The above-captioned case was scheduled for hearing on November 9, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Preiss, Walker, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Ray Gomes of the Newport Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Richard 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 an April 13, 2006 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the November 9, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the April 13, 2006 inspection report as its initial findings of fact.  Any modification of the Boards 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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3 and 4 at the direction and to the satisfaction of the Newport Fire Marshals Office.
	5.  During the November 9, 2010 hearing on this matter, the Board was advised and finds that the Applicant maintains approximately thirty-five (35) students in this facility for a two-year program and the classrooms exit directly into the industrial space.  Upon review of this situation with the Newport Fire Marshals Office, the Board hereby grants the Applicant a variance from the provisions of section 14.11.2 in order to allow the Applicant to maintain the existing discharge of the exits of this facility on the basis of structural hardship.  The Board notes that the Newport Fire Marshals Office has no objection.
	6.  The Board further grants a variance from the provisions of section 39.2.4.1 and its referenced standards in order to allow the Applicant to maintain the existing exit arrangement of the second floor of this facility, again on the basis of structural hardship and in the absence of an objection by the Newport Fire Marshals Office.  In granting this relief, the Board notes that the Newport Fire Marshals Office has advised it that there are several ways to get down from this area including three (3) sets of stairs and two (2) windows.
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)].