The above-captioned case was scheduled for emergency hearing on September 4, 2001 at 1:30 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Richard, Burlingame, Filippi, OConnell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Costa of the State Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

	During the September 4, 2001 hearing on this matter, the Board was advised and finds that the Applicant had been previously directed not to allow occupancy of this facility by kindergarten children after the commencement of the 2001-2002 school year.  The Applicant advised the Board that due to construction delays, specifically the DEM permitting process, the proposed kindergarten building was not completed by the target date.  The Applicant further requested an extension of time until January 1, 2002 in order to properly relocate the kindergarten children from this facility in accordance with the original decision.  Finally, the Board relies upon, and incorporates herein, its original findings of fact in file No. 970147 and its related cases.
	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 completely relocate the kindergarten children this facility on or before January 1, 2002 in accordance with the last Decision issued by the Board in file No. 970147 a-2.  In granting this variance, it is the understanding of the Board that during this semester the kindergarten children shall be segregated from the other children and shall have an exclusive primary means of egress along with a second shared means of egress.  Finally, it is the understanding of the Board that, in light of the unique circumstances, the Providence Fire Marshal has no objection to this time extension.

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.  (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 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.  (See:  Board Rules and Regulations, section 6-2-20.)   
	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)].