The above-captioned case was scheduled for hearing on July 18, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Pearson, Filippi, Fang, Richard, Evans, Burlingame and Coutu were present.  The fire service was represented by Deputy State Fire Marshal Robert Mowry of the State Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Fang 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 March 7, 2000 inspection report complied by the State Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the  July 18, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the March 7, 2000 inspection 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(a). The Board hereby grants a variance from the provisions of Rhode Island General Law section 23-28.15-2 in order to allow the Applicant to provide the oil-fired heaters in the attic of this facility with an approved dry-chemical suppression system.  The above system shall be installed, at the direction and to the satisfaction of the State Fire Marshal's Office, in prior to the commencement of school in September of 2000.

1(b). The Board hereby grants a variance from the provisions of Rhode Island General Law section 23-28.15-2 in our to allow the Applicant to maintain the existing door swing into the boiler room on the first floor of this facility.  In granting this variance, the Board directs the Applicant to provide the first floor boiler room door with an approved surface-mounted dead bolt.

2. The Board by grants a variance from the provisions of Rhode Island General Law section 23-28.15-7 in order to allow the Applicant to utilize classroom windows as emergency means of egress from this facility.  In granting this variance, the Board notes that this practice is consistent with the life safety code standards.

3(a). The Board by grants a variance from the provisions of Rhode Island General Law section 23-28.15-11 in order to allow the Applicant to maintain the cited emergency means of egress.  In granting this variance, the Board notes that, under the life safety code, this egress would not be necessary.

3(b). It is the understanding of the Board that the Applicant has corrected deficiency #3(b) at the direction and to the satisfaction of the State Fire Marshal's Office.

3(c). It is the understanding of the Board that the Applicant has corrected deficiency #3(c) by removing the chain-type lock on the egress door located on the east side of this facility.

4. It is the understanding of the Board that the Applicant has corrected deficiency #4 by extending the fire alarm system in this facility at the direction and to the satisfaction of the State Fire Marshal's Office.

5. It is the understanding of the Board that the Applicant has corrected deficiency no. 5 by providing this facility with the required additional exit sign.

6. Is the understanding of the Board that the Applicant has corrected deficiency no. 6 at the direction and to the satisfaction of the State Fire Marshal's Office.  The Board further directs the Applicant to maintain the cited exit discharge free of all accumulated ice and snow.

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 7-27-00.