The above-captioned case was scheduled for hearing on September 11, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Richard, Burlingame, Filippi, O’Connell and Pearson were present.  The fire service was represented by Deputy State Fire Marshal Kevin Murphy of the State Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame 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 September 5, 2001 preliminary plan review report compiled by the State Fire Marshal’s Office. The above plan review report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the September 11, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the above preliminary plan review report as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, 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. The Board hereby grants a variance from the provisions of section 30-2.11.1 in order to allow the Applicant to utilize the existing windows for rescue and ventilation in accordance with the conditions below.  In granting this variance on the basis of structural hardship, the Board directs the Applicant to remove all screens and to provide an approved platform, under the indoor playroom window, at the direction and to the satisfaction of the State Fire Marshal before occupancy.  As a condition of this variance, the Board further directs the Applicant to provide this facility with an approved municipally-connected fire alarm system installed at the direction and to the satisfaction of the State Fire Marshal before occupancy.

2(a). The Board hereby grants a variance from the provisions of section 30-3.2.1 in order to allow the Applicant to maintain the cited gas-fired heaters.  As a condition of this variance, the Board directs the Applicant to provide these heaters with approved remote shutoff switches, and to further provide a domestically-supplied sprinkler head over each heater, installed at the direction and to the satisfaction of the State Fire Marshal before occupancy.

2(b). The Board hereby grants a variance from the provisions of section 30-3.2.1 in order to allow the Applicant to maintain the existing janitor’s closet provided he protect the closet with an approved domestically-supplied sprinkler head.

3. The Board hereby grants a variance from the provisions of section 30-3.6 in order to allow the Applicant maintain the existing fire rating of the cited corridors by the offices and staff lounge.  This variance is based upon structural hardship and conditioned upon the Applicant's compliance with the directives above.

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)].