The above-captioned case was scheduled for hearing on November 15, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Burlingame and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Harry Hallgring of the Newport Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the November 15, 2005 hearing on this matter, and upon review of the October 28, 2004 inspection report, the Board finds that this facility is a one and one half story wood frame building with an unprotected basement.  The Board further finds that the oil fired heat is generated by a 150,000 BTU boiler in the basement.  The Board further finds that the building was built in 1940 and covers approximately 1500 square feet of space.  The Board further finds that, at the time of the inspection, the door of the basement had an ineffective closing device and that there was storage in the basement.  The Board further finds that there is a block wall around the boiler but that it has penetrations.  The Board further finds that there is a hot water heater under the stairs to the floor above.  The Board finds that the second floor is used primarily for storage.  The Board further finds that there is a utility room with a small kitchen located on the first floor and that this facility was utilized for the instruction of kindergarten and pre-kindergarten children.
	During the hearing, the Board was further advised and finds that part of the facility has already been torn down and that the remainder will be utilized as either office space or storage.  The Board further finds that the Applicant has requested additional time to comply with the prior code requirements for a business occupancy.  It is the understanding of the Board that the Applicant shall correct all remaining deficiencies within the time allotted.
	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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance until the commencement of the 2006-2007 school year, in order to bring the subject facility into full compliance with the fire code regulations covering business occupancies.  The above approved compliance shall be at the direction and to the satisfaction of the Newport 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 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)].