The above captioned case was scheduled for hearing on January 21, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Coutu, Filippi, Newbrook, Richard, Preiss, Wahlberg and OConnell were present.  The fire service was represented by Deputy State fire Marshal Vincent Quinterno of the State Fire Marshals Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 29, 2002 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals office during the January 21, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the November 29, 2002 inspection report as its initial findings of fact.  Any modification of the Boards findings 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 23-28.1-4(3) of the Rhode Island General Laws. 
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the January 21, 2003 hearing on this matter, the Board was advised that deficiency 1, involving a painted fusible link on a sliding fire door had been corrected by the Applicant.
	2.  During the January 21, 2003 hearing on this matter, the Board was advised that deficiency 2, involving the sealing of the sliding fire door had been corrected by the Applicant.
	3.  During the January 21, 2003 hearing on this matter, the Board was advised that deficiency 3, involving the emergency lighting system throughout this facility, had been corrected by the Applicant.
	4.  During the January 21, 2003 hearing on this matter, the Board was advised that deficiency 4, involving the exit signage throughout this facility, had been corrected by the Applicant.
	5.  The Board hereby grants a variance from the provisions of Section 30-2.1 and its referenced standards in order to allow the Applicant to maintain the cited basement apartment French style doors in conjunction with the Applicants approved sprinkler system and fire alarm system as approved segregation between the occupancies of this facility.  Specifically, it is the understanding of the Board that the basement area apartment is temporarily occupied overnight by the owner and that this occupancy shall eventually be discontinued.  It is the further understanding of the Board that the remaining area of the basement is utilized to teach 15 to 18 children and that the classroom is located towards the front of the building.  Finally, the Board directs the Applicant to provide additional sprinkler coverage on the French doors if deemed necessary by the State Fire Marshals Office.
	6.  The Board hereby grants a variance from the provisions of Section 30-3.4.4 in order to allow the Applicant to maintain a limited operation with a maximum occupancy of twenty-five (25) students being from grades 9, 10, 11 and 12 occupying this area generally until 5:00 P.M.

	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)].