The above captioned case was scheduled for hearing on January 7, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Richard, Filippi, Coutu, Preiss, Wahlberg and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Emmott of the Union Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the January 7, 2003 hearing on this matter, the Board was advised and finds that this is an existing school undergoing renovations.  The Board was further advised and finds that new classrooms, which were constructed in the former student locker area, are separated by exterior walls and by existing exit access corridors along the exterior walls.  The Board was further advised and finds that the classroom renovations have improved the safety of the school by removing temporary classrooms from cafeteria locations.  The Board further finds that the existing exit stairs have been approved by the installation of fire rated doors to replace the non-rated and undersized existing doors.  The fire alarm for the entire school has been upgraded to a Class A system and a new paved fire lane has been installed around the rear of the school.
	The Board further finds that the existing egress stair exists through a new sixteen foot by thirty-five foot fire rated elevator lobby.  The Board further finds that this fire rated elevator lobby exceeds the exit discharge area permitted by the code.  Specifically, the area permitted by the code would be limited to ten feet by thirty feet and could only service the means of egress.  The Applicant is requesting variance from this code requirement along with having to provide windows to the above classrooms.  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 grants a variance from the provisions of Section 10-2.11.1 in order to allow the Applicant to maintain the new classrooms constructed in the former student locker area without windows.  This variance is based upon structural hardship and in light of the existing conditions within this school.  In granting this variance, it is the understanding of the Board that the Applicant has upgraded the entire fire alarm system for this facility to a Class A system and has further provided a new paved fire lane around the rear of the school.
	2.  The Board hereby grants a variance from the provisions of Section 5-7.2 in order to allow the Applicant to maintain the existing passage from the egress stairs through a new sixteen foot by thirty-five foot fire rated elevator lobby.  This variance would allow the Applicant to utilize the new fire rated lobby as part of the exit discharge area.
	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)].