The above-captioned case was scheduled for hearing on October 7, 2003 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook, Pearson, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Denis LaRocque of the West Warwick Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the October 7, 2003 hearing on this matter, the Board was advised and finds that the West Warwick School Department was planning to conduct a homecoming dance in the high school gymnasium on October 25, 2003.  The Board was further advised and finds that the School Department submitted a floor plan to the West Warwick Fire Marshal’s office which was also reviewed by the Board.  The Board finds that the plans call for closing the roll-away bleachers against the wall and setting up approximately sixteen (16) tables around the perimeter of three sides of the gym.  The fourth side would be occupied by a disc jockey.  The Board finds that the expected attendance was to be 575 students and fifteen (15) chaperones.  The Board further finds that the exit capacity from the gym is approximately 1,144 people based on four exits with sixty-three (63”) inches of clear exit opening each.  The Board finds that the school’s corridor walls are concrete block and that the corridors are approximately nine (9) and twelve (12) feet wide.  Finally, the Board finds that the building does have a fire alarm system.  It is 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 authorizes the West Warwick Fire Marshal’s office to approve the above described homecoming dance provided that the Applicant only utilize fire-proof streamers in this facility.  The Board further directs the Applicant to provide at least two (2) firefighters on duty during this period.  The Board directs the firefighters to work with the two (2) janitors within this facility in order to immediately shut down the music and turn on the lights in the event of any emergency.  This is a one-time event and the Board’s approval is limited to the homecoming dance scheduled for October 25, 2003.

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)].