The above-captioned case was originally scheduled for hearing on September 24, 2002 and a Decision was issued on November 21, 2002.  By letter dated April 9, 2003, the Applicant requested that the file be reopened in light of a plan to upgrade the occupancy of this facility from Assembly / Day Care to Assembly / Educational.   The case was thereupon rescheduled for hearing on May 13, 2003 at 1:00 P.M.  At that time, the Board assigned this case to an on-site subcommittee review.

	The on-site subcommittee review was conducted on June 24, 2003 at 10:00 AM.
The subcommittee reported back to the full Board during the regularly scheduled meeting that afternoon at 1:00 PM.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Richard, Pearson, Filippi and Burlingame were present.  The fire service had been represented, on-site, by Assistant Deputy State Fire Marshal Robert Fisher of the Saylesville Fire Marshals Office.  A motion, to confirm the subcommittee report as a Decision of the Board, was made by Commissioner Richard, seconded by Commissioner Newbrook.  The motion was unanimous. 

FINDINGS OF FACT

	The number of the Decision below correspond with those of a March 10, 2003    inspection report compiled by the Saylesville Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Saylesville Fire Marshals Office during the subcommittees on-site review of this facility.  Accordingly, the Board hereby incorporates the March 10, 2003 inspection report as its initial finding of fact.
  The Board finds that the Applicant has installed domestically-supplied sprinkler coverage in those classrooms formerly utilized for day care.  The Board further finds that the Applicant plans to expand its domestically-supplied sprinkler coverage to the multi-purpose room.  The Board understands that sprinkling the entire facility would most probably require installation of a separate water service.  However, the Board is of the option that expansion of the existing domestic service to the multi-purpose room could possibly be accomplished without an additional water service.  Accordingly, the Board directs that the Applicant to review the engineering of such an expansion with its sprinkler contractor.
Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.	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 23-28.11-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	It is the understanding and direction of the Board that the Applicant shall correct deficiency 1 by locating the younger children (kindergarten and first grade) of this school to a classroom located on the grade level of the building.  Accordingly, these children shall exit at grade level and there will be no violation of the code.
2.	The Board hereby grants a variance from the provision of section 10-2.3.2.1 in order to allow the Applicant to maintain the existing 41  inch corridor width on the west side (side 3) of this facility.  This variance is granted on the basis of structural hardship, in the absence of an objection by the Saylesville Fire Marshal, and in light of the additional fire safety features the Applicant has incorporated into this facility.
3.	It is the understanding and direction of the Board that the Applicant shall correct deficiency 3 by completely upgrading the current fire alarm system and providing the system with an approved drill switch installed at the direction and to the satisfaction of the Saylesville Fire Marshals Office.
4.	The Board grants a variance from the provisions of section 10-3.5 in order to allow the Applicant to only sprinkler the rooms proposed for student occupancy that are located on the lower level of this facility.  This would include sprinkling the multi-purpose room discussed in the above section.  The Applicant is further directed to provide property engineered, limited sprinkler coverage in the two open stairwells serving the lower level of this facility at the direction and to the satisfaction of the Saylesville Fire Marshals Office.
5.	The Board directs the Applicant to correct deficiency 5 by either removing the cited curtains or rendering them flame resistant and providing the Saylesville Fire Marshals Office with the appropriate certifications.
6.	The Board hereby removes any previous occupancy limitation on the lower level of this facility. Accordingly, the occupancy of the lower level shall no simply comply with the educational provisions of the fire code and any other limitations placed on the Applicant by the Department of Education.  The Board further directs that any after school programs shall also meet all state daycare guidelines.  Finally, the Board directs the Applicant not to utilize the kitchen cooking appliances in this facility in any manner which would generate grease-laden vapors.

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.  
	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)].