The above-captioned case was scheduled for hearing on August 26, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioner Wahlberg, Preiss, Newbrook, Evans and Burlingame were present.  Commissioners Coutu attended part of this hearing but left prior to the vote taken.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Preiss 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 August 7, 2003 plan review report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the August 26, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the August 7, 2003 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.
	
During the August 26, 2003 hearing, the Board was further advised and finds that the Applicant has maintained an electrically powered air conditioning unit in the attic of this facility and has no electrical heaters in the building.  The Board was further advised and finds that this facility has been a school since the year 2000 and is limited to fifteen (15) students per classroom.  The maximum student occupancy is found to be one hundred and thirty five (135) people with a possibility of forty (40) faculty and staff members making a total occupancy of one hundred and seventy five (175) people.
	
Finally, 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants a variance from the provisions of Life Safety Code section 10-2.1 and 5-1.3.2.1 in order to allow the Applicant to maintain the existing construction and separation of the egress system of this facility.  In granting this variance, it is the understanding of Board that the egress system is most probably (1) hour any way.  However, it is the understanding of the Board that the egress system shall be fully sprinklered and otherwise protect by municipally connected fire alarm system.  Finally, it is the understanding of the Board that the Providence Fire Marshal’s Office has no objection to this relief.
	
2. The Board hereby grants a variance from the provisions of Life Safety Code section 10-2.1 and 5-1.3.2.2 in order to allow the Applicant to maintain the existing exiting closure system as modified herein.  In granting this variance, the Board notes that the interior stairs to the central corridor do not have the direct access to the outside.  Accordingly, the Board hereby directs the Applicant to put in a door at section 106 with glass to provide a smoke barrier and to further provide closures on the other doors leading from the hallway into the stair area.  Finally, in granting this variance, the Board notes that the Providence Fire Marshal’s Office has no objection in light of the Applicant’s agreement to provide sprinkler and fire alarm coverage to this facility.	
	
3. The Board hereby grants a variance from the provisions of Section 10-2.1 and 5-1.5 in order to allow the Applicant to maintain the existing cited head room on the cited egress stairway from the basement of this facility.  This variance is based on structural hardship.	
	
4. The Board hereby grants a variance from the provisions of Section 10-2.1 and 5-2.1.4.2 in order to allow the Applicant to maintain the egress from the multi-purpose rooms conditioned upon the Applicant’s agreement not to allow more than fifty (50) people in these rooms at any one time.		
	
5. The Board hereby grants a variance from the provisions of Life Safety Code section 10-2.1 and 5-2.2 in order to allow the Applicant to maintain the existing 38 inch width of the cited egress entry stair running from the basement to the first floor of this facility.  This variance is based upon structural hardship.
	
6. The Board hereby grants a variance from the provisions of Section 10-2.1 and 5-2.2.4.5 in order to allow the Applicant to maintain the existing handrails in south stair 103 because changing the handrails would potentially impede operation of the door located in this area.	
	
7. The Board hereby grants a variance from the provisions of Section 10-2.3.2.1 in order to allow the Applicant to maintain exit access corridors of (5) feet in width, serving classroom 219 and multipurpose room 218.  In granting this relief on the basis of structural hardship, it is the understanding of the Board that all other exits within this facility are of the proper width and that no more then fifteen (15) people shall be allowed in each of these rooms.	
	
8. The Board hereby directs the Applicant to maintain the kindergarten and first grade children in this facility on the first level of this facility.  Specifically, the kindergarten and First grade  children shall not be allowed to go to the basement for lunch.  The kindergarten and first grade children shall be separately egressed from this facility utilizing a ramp at the direction and to the satisfaction of the Providence Fire Marshal’s Office. 
	
9. The Board hereby directs the Applicant to re-swing the door on classroom 115 in the direction of egress and if necessary to back it up and put in a pocket door covering this area.		
	
10. In light of the on going nature of the plans for this facility, the Board hereby leaves this file open in the event that the Providence Fire Marshal or the Applicant has any further questions or requests.

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)].