The above-captioned case was scheduled for hearing on March 26, 2002 at 1:00 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Richard, Evans and Filippi were present.  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 March 26, 2002 hearing on this matter, the Board was advised and finds that the Applicant plans to create a Day Care occupancy in the subject facility.  As a result of a preliminary plan review conducted by the State Fire Marshal’s Office, several issues were presented to the Board for relief. It is the understanding and direction of the Board that all other fire code issues will be 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 in order to allow the Applicant to utilize the 2000 edition of NFPA 101 as the code to determine the corridor construction and rating within this facility. Specifically, in light of the Applicant’s sprinkler coverage, the corridors shall not be required to be one-hour fire rated. However, the corridors shall be required to be of smoke tight construction.

2. The Board hereby grants a variance from the provisions of section 7.2.2.2.1 in order to allow the Applicant to maintain a ceiling height of six feet five inches (6’5”) at two treads in the stairway in this facility.

3. The Board hereby grants a variance from the provisions of section 7.2.2.3.6 in order to allow the Applicant to exceed the three-eighths of an inch (3/8”) allowed for riser variation by one-eighth of an inch (1/8”).

4. The Board hereby grants a variance from the provisions of section 7.2.2.2.1 in order to allow the Applicant to maintain a forty-two inch (42”) width in a portion of the west stairway within this facility.

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)].

This decision was mailed on 3-27-02.