The above-captioned case was scheduled for hearing on July 20, 2004 at 1:25 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Pearson, Newbrook, Burlingame and Pearson were present.  A motion was made by Commissioner Pearson and seconded by Commissioner Wahlberg. The motion passed with Commissioner Newbrook abstaining.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a June 15, 2004 plan review report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board and Applicant during the July 20, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the June 15, 2004 plan review report as its initial findings of fact.  Any modification of the Board’s 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 the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the provisions of section 15.2.1.1 and its referenced standards in order to allow the Applicant to utilize the third floor of this facility for all of the children.  It is the understanding of the Board that the third floor will be utilized by one (1) age bracket at a time and that the stairways would thereupon be dedicated to the younger students when they are on the third floor.  In granting this variance, the Board notes that the third floor would typically be occupied by approximately twelve (12) students with at least four (4) staff.  Based upon this ratio, the Board understands that the Providence Fire Marshal's Office has no objection.

2. The Board hereby grants a variance from the provisions of section 7.1.5.2 in order to allow the Applicant to maintain the existing cited ceiling height of the third floor which slopes down to a height of four (4) feet and one (1) inch along an exterior wall.  This variance is based on structural hardship in an absence of an objection by the Providence Fire Marshal's Office.

3. The Board hereby directs the Applicant to correct deficiency #3 by re-hanging the portable fire extinguisher at the direction and to the satisfaction of the Providence Fire Marshal's Office.	

4. It is the understanding of the Board that the Applicant has corrected deficiency #4 by eliminating the cited penetrations.

5. The Board hereby grants the Applicant a variance in order to allow the Providence Fire Marshal to approve occupancy of this facility in accordance with a plan approved by the 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)].