The above-captioned case was scheduled for hearing on July 29, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Filippi, Wahlberg, and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Dennis LaRocque and Fire Chief Charles Hall of the West Warwick Fire Marshal’s Office. A motion to deny the requested relief was made by Commissioner Preiss and seconded by Commissioner Newbrook. Accordingly, the Applicant’s request for relief is hereby denied.

FINDINGS OF FACT
	
During the July 29, 2003 hearing on this matter, the Board was advised that this is a newly constructed facility which maintains art and music rooms located on the second floor adjacent to the stair.  The Applicant is seeking relief from the provisions of the Life Safety Code Section 10-2.1.2 which requires all pre-school, kindergarten and first grade student classrooms to be located at the level of exit discharge.  The Applicant has advised the Board that this facility is fully sprinklered and fully alarmed and that the art and music room shall only be utilized by the younger children on an intermittent basis.

The Board finds that the fire alarm and sprinkler system within this facility are currently required by the code in addition to the code requirement that the pre-school, kindergarten and first grade children be maintained on the level of exit discharge.  The Board further finds that the provisions of section 10-2.1.2 were placed in the code in order to avoid the danger of having older children over run the younger children on stairs during a fire emergency. While there has been an exception to an earlier edition of the code to allow for younger children to be maintained with an exclusive exit of discharge from an upper level, this doesn’t appear to be the case before the Board.  Finally, it is the understanding of the Board that all other fire code deficiencies in this facility have been corrected by the Applicant.
	
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 denies the Applicant’s request for relief from the provisions of section 10-2.1.2.  The Board notes that the requirements of maintaining the younger children in the pre-school, kindergarten and first grade programs on the level of exit discharge is mandated in order to prevent older children from trampling the younger children during a fire emergency. Regular weekly attendance of the younger children on second level of the of this facility in the art classroom or music classroom greatly increases the chance of accidents during a fire emergency. While the Applicant has indicated that the evacuation of the younger children shall be supervised, it is the experience of the Board and the National Fire Codes that negotiating stairways, during an emergency situation is difficult at best for these young children. The situation is further complicated by the fact that older children would be using the same stairs and egressing at a much more rapid rate of speed. In light of the above, the Board denies the requested relief. 

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)].