The above captioned case was scheduled for hearing on September l8, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Richard, Newbrook, Coutu, Pearson, O’Connell and Burlingame were present.  The fire service was represented by, Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT
	
The numbers of the Decision below correspond with those of a July l9, 200l inspection report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office, during the September l8, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the July l9, 2001 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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

During the September ll, 200l hearing on this matter, the Board reviewed the above plan review report and made preliminary determinations.  However, the Board advised the Applicant to return in one (l) week with a plan of action for the potential occupancy of this facility for Pre-K, kindergarten and first grade students.  During the September l8, 2001 hearing on this matter, the Board was advised that the occupancy of this facility would not exceed fifty (50) students with approximately thirty (30) adults. The Board was further advised that the Applicant would limit the admission of new students to second grade students and above.  While the Applicant reviewed possible additions to the building in order to allow for the occupancy of Pre-K, kindergarten and first grade students, the Applicant’s primary concern was to open this facility to the current students in grades 2 and above.  In light of the above, the Board decided to grant variances from several of the above referenced items in order to allow occupancy of this facility by second grade students and above.  In the future, the Applicant may return to the Board with a plan of action addressing the Board’s concerns regarding occupancy of this facility by younger students.

1.	The Board hereby directs the Applicant to correct deficiencies #lA, B, C, D & E, at the direction and to the satisfaction of the Providence Fire Marshal’s Office.

2.	The Board hereby grants a variance from the provisions of Section l-l7.2(b) in order to allow the Applicant to design a sprinkler system for this facility pursuant to NFPA l3, l999 edition.

3.	The Board hereby grants a variance from the provisions of Section l-8.4.l in order to allow the Applicant to occupy this facility as a school pursuant to the restrictions outlined herein.

4.	The Board hereby directs the Applicant to correct deficiency #4 by providing this facility with an approved key-box, at the direction and to the satisfaction of the Providence Fire Marshal’s Office.

5.	The Board hereby grants a variance from the provisions of Section 1-3.l2 in order to allow this facility to be utilized for educational purposes with a restriction to fifty (50) students accompanied by approximately thirty (30) teachers and staff.  The above students shall be limited to those of second grade level and up and admission of new students shall be limited to second grade level and up.  If in the future the Applicant wishes to design an egress system suitable to accommodate younger students, the Applicant may return to the Board and present a plan of action at such time.

6.	The Board hereby grants a variance from the provisions of Section 10-2.1.2 in order to allow the Applicant to occupy this facility in accordance with the restrictions outlined in item #5 above.

7.	The Board hereby grants a variance from the provisions of Section l0-2.2.l and 5-l.l in order to allow the Applicant to maintain the egress system of this facility to serve a maximum of fifty (50) students accompanied by thirty (30) adults.  The above students shall be limited to second grade and above until such time that the Applicant presents the Board with a plan of action and said plan is approved for younger students.

8.	The Board hereby grants a variance from the provisions of Section 10-2.2.1 and 5-5.4.l in order to allow the Applicant to maintain the existing exit access in accordance with the limitations of occupancy of this facility as outlined above.

9.	The Board hereby grants a variance from the provisions of Section l0-2.3.2.1 in order to allow the Applicant to maintain the existing dimensions of the cited corridors of this facility.  This variance is based on structural hardship and in light of the Board’s understanding of that the Applicant has provided this facility with an approved fire alarm system, at the direction and to the satisfaction of the providence Fire Marshal.

10.	The Board hereby directs the Applicant to correct deficiency #l0 by properly separating and protecting the boilers of this facility, at the direction and to the satisfaction of the Providence Fire Marshal.

11.	The Board hereby directs the Applicant to correct deficiency #l1 by protecting the cited commercial cooking operation, at the direction and to the satisfaction of the Providence Fire Marshal.

12.	The Board hereby grants a variance from the provisions of Section l0-3.6 to allow the Applicant to maintain cited communication between the floor levels.  This variance is based on the occupancy limitations as outlined above and in the absence of an objection by the Providence Fire Marshal’s Office.

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)]