The above-captioned case was originally scheduled for hearing on May 28, 1996.  At the time the Board granted a variance to allow the Applicant to utilize the zamboni storage area, and the overhead door in the employee storage and service as alternative means of egress during graduation ceremonies.  This decision was outlined in file number 960081.  The Applicant returned to the Board and the hearing was scheduled on February 13, 2001.  At that time, the Board granted additional five (5) year time variance to allow the Applicant to maintain an annual high school graduation at this facility with the originally outlined safeguards.  That decision is outlined in file number 200275.  The above caption case was most recently scheduled for hearing on December 7, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Mark St Peirre of the Harrisville Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby in corporate its originally finding of facts in file numbers 960081 and 200275.  In addition the Board finds that the Harrisville fire Marshal’s Office has conducted an inspection of this facility under the newly adopted Rhode Island Life Safety Code.  The Board further finds that the Applicant is seeking relief from the provisions of section 13.2.5.2 in order to allow the Applicant to maintain egress through the zamboni room for graduation ceremonise as previously authorized.  

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants a time variance from the provisions of section 13.2.5.2 in order to allow the Applicant to maintain an emergency means of egress through the zamboni room, overhead door and the employee’s door of this facility 2005. 2006 and 2007 ceremonies.  In granting this time extension, the Board directs the Applicant to fully comply with directives in file numbers 960081 and 200275.  The Board further directs the Applicant to 

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)].