The above-captioned case was scheduled for hearing on August 23, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Pearson and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Lynch of the Portsmouth Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the August 23, 2005 hearing on this matter, the Board was advised and finds that the Applicant maintains an existing school in Newport and wishes to expand her operation into the St. Marys Parish House in Portsmouth.  The Board was further advised and finds that the school would begin with fifteen to twenty students in one room with the potential to grow into other rooms.  The Board was further advised and finds that this facility is cement block construction located at the ground level.  The Board was further advised and finds that the Applicant shall add an additional egress door to the school room for use by her students.  This new egress door shall be utilized as the main entry and exit door during school hours.  The Board was further advised and finds that the Applicant wishes to utilize the gymnasium space in the parish house for student exercise in colder weather.  The Board was further advised and finds that there would never be more than thirty children playing in the gymnasium at any one time since this is the maximum number of children the entire school would have on any given day.  The Board was further advised and finds that the gymnasium is connected to the buildings comprehensive fire alarm system and maintains an exterior door opening directly to the outside.
	The Applicant is requesting two variances.  The first variance would be to allow the new door to be seventy eight inches due to a structural hardship.  The second request would be to allow the use of the existing corridor and gymnasium space at the direction and to the satisfaction of the Portsmouth Fire Marshals office.  As a condition of the variances, the Applicant has agreed to create a plan of action in combination with the owners for resolution of all fire code issues that are common to both parties and to complete this plan and expand the school space at the direction and to the satisfaction of the Portsmouth Fire Marshals office.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a structural variance in order to allow the new door to be seventy eight inches in height.  In granting this variance, it is the understanding of the Board that the Portsmouth Fire Marshals office has no objection due to structural hardship.
	2.  The Board hereby grants a variance in order to allow the Applicant to utilize the existing corridor and gym space for the students of this facility at the direction and to the satisfaction of the Portsmouth Fire Marshals office.  As a condition of the above variances, the Board directs the Applicant to create a plan of action in combination with the owners of this facility to address all code issues that are common to both parties and to further complete this plan of action and expand the school space, at the direction and to the satisfaction of the Portsmouth Fire Marshals 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 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)].