The above captioned case was scheduled for hearing on July 9, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Coutu, Pearson, Filippi, Preiss, Wahlberg, and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Mark Vincent of the Hopkins Hill Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the July 9, 2002 hearing on this matter, the Board was advised and finds that the Applicant sought variance from the provisions of Section 23-28.12-29(b) in order to be permitted to provide a limited amount of combustible materials to be displayed on the corridor walls of this school.  The variance request would limit the combustible material to 20 of the wall area.  The Hopkins Hill Fire Marshal appeared and advised the Board that he had no objection to the above variance in accordance with NFPA 101, 1997 edition Section 10-7.4.  Specifically, the above provisions would allow for the display of child prepared artwork under the Life Safety Code.  It is the understanding of the Board that all other fire code deficiencies within this facility have been corrected.  It is the further understanding of the Board that this facility maintains an upgraded fire alarm system, which is municipally connected and quarterly tested.  Finally, it is the understanding of the Board that fire drills are conducted regularly and reports are submitted annually.
	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.	In light of the above, the Board hereby grants a variance from the provisions Section 23-28.12-29(b) in order to allow the Applicant to display a limited amount of combustible material on the corridor walls of this facility.  This variance is granted pursuant to the national standards outlined in Section 10-7.4 of NFPA 101 (Life Safety Code).  Finally, the Board notes that the Hopkins Hill Fire Marshals Office has no objection.

	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.  
	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.   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.  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.  
	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)].