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 Blackburn and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the November 15, 2005 hearing on this matter, the Board was advised and finds that the subject facility is a three-story stucco and wood frame building with a clay tile roof.  The facility is heated with an oil-fired 300,000 BTU boiler in the basement.  The facility was originally built as a single family residence in 1920 and now covers approximately 13,649 square feet of space.  The Board finds that the basement of the facility is utilized for storage and a work space for the custodian.  The Board finds that the third floor of the facility is finished and utilized for art and music classes.  The Board finds that this building was originally the subject of appeal in file number 910094 in which the Board granted variances on several structural issues.  The Board further finds that the building was sprinklered as part of the above decision.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board notes that the cited trip hazard on the third floor of this facility was resolved to the satisfaction of the Newport Fire Marshals office with the installation of a hand rail.
	2.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing wainscoting on the stairways of this fully alarmed and sprinklered facility.
	3.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing corridor width on the second floor of this facility.  In granting this variance, the Board directs that there shall be no pre-school, kindergarten or first grade allowed on the second floor of this facility.  In light of the above, the Board notes that the Newport Fire Marshals office had no objection.
	4.  The Board hereby grants the Applicant a time variance until the commencement of the 2006-2007 school year, to bring the subject facility into compliance with the state fire code.

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)].