The above captioned case was scheduled for hearing on February 11, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Newbrook, Richard, Pearson, Preiss, Wahlberg, and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Bruce Rice of the Union Fire District Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the February 11, 2003 hearing on this matter, the Board was advised and finds that the South Shore Mental Health Center is operating a school at the above location and therefore there has been a change of occupancy from a business building into a new educational occupancy.  The school is located on the second story of a L shaped business building complex.  The south side of the complex measures approximately 121 x 48.  The north side measures approximately 104 x 44.  The building is a two (2) story brick concrete and wood structure built on a slab with a wood truss roof.  This facility has a supervised fire alarm system, Class C exit signs, emergency lighting and fire extinguishers.  The Applicant is requesting two (2) variances.  The first variance would be relief from the provision requiring that exit access corridor shall not be less than six (6) feet in clear width.  The second variance would be from the provisions that require rooms normally occupied by preschool, kindergarten and first grade students not to be located above or below a level of exit discharge.  The Union Fire District Fire Marshals Office appeared and advised the Board that they had no objection to the requested variances.  The Fire Marshal further advised the Board that the Applicant is actively looking to secure a new complying facility, that the facility is currently protected by a master box fire alarm system, and that the supervision of the students is excellent.  Finally, the Fire Marshal advised the Board that all other deficiencies within this facility had been corrected. 
	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 time variance in order to allow the Applicant to maintain the existing clear width of the exit access corridors in this facility for a period of two (2) years from the date of this Decision.  Specifically, the Applicant is receiving a waiver of the provisions of NFPA 101 Section 10-2.3.2.1 for a period of two (2) years.
2.	The Board hereby grants a time variance in order to allow the three (3) children in preschool, kindergarten and first grade to be temporarily located above or below the level of exit discharge.  The above time variance shall be for a two (2) year period.  As a condition of the above variance, the Board directs the Applicant not to exceed a total of five (5) children in the combined preschool, kindergarten and first grade classrooms of this facility.  The above children shall be provided with at least two (2) supervisors and shall be provided with a separate means of egress from the older students.  Finally, it is the understanding of the Board that the school has a policy in place for the evacuation of younger children, which is acceptable to the Union Fire District Fire Marshals Office.  During the two- (2) year term, it is the understanding of the Board that the Applicant shall actively look for a new compliant facility and shall be vacating this facility within that period of time.  

	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)].