The above-captioned case was scheduled for hearing on September 21, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, O’Connell, Pearson, Filippi and Coutu were present.  The fire service was represented by Chief Plan Review Officer George Hoyle of the State Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Wahlberg abstaining.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of an August 17, 2004 plan review report compiled by the State Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the September 21, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the August 17, 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
	
I. The Board hereby finds that the first section of the State Fire Marshal’s plan review report is informational in nature.
	
II. The Board further finds that section two (2) of the State Fire Marshal’s plan review of this facility is also informational in nature.  It is the understanding of the Board that the Applicant shall comply with the provisions of this section at the direction and to the satisfaction of the State Fire Marshal’s Office.
	
III A(1). The Board hereby grants a variance from the provisions of section 16.2.1 and section 7.1.5 and their related standards in order to allow the Applicant to maintain the existing headroom cited in the August 17, 2004 plan review report.  Specifically, the Applicant shall be allowed to maintain the existing headroom for the boiler room door, the basement door into the exit stairway, the existing door into daycare room #2 and existing exit wall opening from day care room #2.  The Applicant shall further be allowed to maintain the existing basement exit stair headroom and the existing attic stairway headroom.  All of these variances were granted pursuant to the Applicant’s representation that the basement and attic of this facility shall not be occupied.  Accordingly, pursuant to the request of the State Fire Marshal’s Office, these variances remain conditioned upon the non-occupancy of the attic and the limited use of the basement only for storage.  In the event the Applicant occupies the attic, or uses the basement for anything but storage, these variances shall be voided.

III A(2). The Board hereby grants a variance from the provisions of sections 7.1.7 and 7.1.7.2 in order to allow the Applicant to maintain the existing changes of the level of the means of egress within this facility as outlined in the August 17, 2004 plan review report of the State Fire Marshal.

III B(1). The Board hereby directs the Applicant to correct deficiency III B(1) by providing the State Fire Marshal’s Office with the requested information regarding existing toilet room #4 and to further correct this deficiency by allowing the door to be unlocked from the outside at the direction and to the satisfaction of the State Fire Marshal’s Office.

III B(2) a and b. The Board hereby grants a variance from the provisions of sections 16.2.2.3, 7.2.2, 7.2.2.2.1 and 7.2.2.2.4.3 in order to allow the Applicant to maintain the existing cited dimensions of the basement and attic stairs and to allow the Applicant to maintain the winding nature of these stairs.  The Board hereby directs the Applicant to correct the remainder of this deficiency by providing the cited basement and attic stairways with approved handrails at the direction and to the satisfaction of the State Fire Marshal Office’s.

III B(3). The Board hereby grants a variance from the provisions of section 16.2.4 and 16.2.4(1) in order to allow the Applicant to maintain the existing egress from the unoccupied attic and basement of this facility.  In granting this variance, as outlined above, the Board directs the Applicant not to occupy the attic and to limit the use of the basement to storage only.  This variance is contingent upon the above occupancy limitation.

III B(4). The Board hereby directs the Applicant to correct this deficiency by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the State Fire Marshal before occupancy.

III B (5). The Board hereby directs the Applicant to correct deficiency III B (5) by appropriately marking the egress of this facility at the direction and to the satisfaction of the State Fire Marshal’s Office.

III B (6). The Board hereby directs the Applicant to correct deficiency III B (6) by providing approved windows for rescue at the direction and to the satisfaction of the State Fire Marshal’s Office.

III C (1). During the September 21, 2004 hearing on this matter, the Board was advised that the Applicant was making every effort in order to segregate the boiler room from the remainder of this facility.  The Board was further advised that there are many penetrations within the boiler room ceiling.  Accordingly, the Board directs the Applicant to correct deficiency III C (1) by fire stopping the ceiling in this area in good faith to achieve substantial compliance at the direction and to the satisfaction of the State Fire Marshal’s Office.  The Board understands that given the existing configuration, the Applicant may not be able to achieve full fire stopping compliance.  However, once the Fire Marshal’s Office is satisfied that there is substantial compliance, the Board shall also be satisfied.
	
III C (2). The Board hereby directs the Applicant to correct deficiency III C (2) by providing this facility with an approved fire alarm system installed at the direction and to the satisfaction of the State Fire Marshal’s Office and local fire marshal’s office, prior to occupancy.

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)].