The above captioned case was scheduled for a hearing on March l9, 2002 at l:00  p.m.  At that time, Acting Chairman Coutu and Commissioners Newbrook, O’Connell and Evans heard the case in subcommittee. The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshal’s Office along with Assistant Deputy State Fire Marshal and Chief Gerald Bessette of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Evans and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.

	Subsequently, Vice Chairman Richard arrived and the matter was reconsidered by the full Board.  A motion was thereupon made by Commissioner Richard and seconded by Commissioner Newbrook to reaffirm the subcommittee’s finding.  The motion was unanimous.  Accordingly, the subcommittee recommendation has been approved by the full Board.

FINDING OF FACT

During the March l9, 2002 hearing on this matter, the Board was advised that the Applicant had provided the carpeted surface extending four (4) feet on each side of the egress system walls of this facility.  The carpet had been placed on the walls to protect them from the wheel chairs and other devices utilized by the students within this facility.  The Board further finds that several portions of this facility have been protected with approved sprinkler coverage.  However, there is not a full sprinkler system in place.  Finally, the Board finds that this is Class I carpeting placed on either a plaster or concrete wall.

	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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance in order to allow the Applicant to maintain the cited carpeting on the walls of the egress system of this facility in conjunction with approved sprinkler coverage.  Accordingly, in order to secure the requested relief, the Applicant is directed to extend the sprinkler system of this facility to cover the entire egress system of this facility at the direction and to the satisfaction of the State Fire Marshal on or before September l, 2002.  In the event the Applicant chooses not to extend the sprinkler coverage to cover the egress system, the Applicant’s second option is to remove the carpeting from the walls of this facility.  The Board hereby grant a time variance to so remove the wall covering on or before September l, 2002.

2.	The Board hereby directs that this file shall remain an open file until September l, 2002. 

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.

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 Board’s Decision, shall void all variances granted under the above-cited use or occupancy.  If such changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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 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.  [RIGL 42-35-l5(c)]