The above-captioned case was originally scheduled for hearing on February 15, 2005.  At that time the parties agreed to develop a plan of action and return to the Board within sixty (60) days.  The case was thereupon re-scheduled for hearing on May 10, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshal’s office and Assistant Deputy State Fire Marshal David Vartian of the North Providence 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 March 29, 2004 inspection report compiled by the North Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant, the State Fire Marshal’s office and the North Providence Fire Marshal’s office during the May 10, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the March 29, 2004 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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal.”

CONCLUSIONS AND VARIANCE REQUESTS
	
1-20.  The Board hereby directs the Applicant to correct deficiencies 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 at the direction and to the satisfaction of the North Providence and State Fire Marshal’s office, prior to the commencement of the 2005-2006 school year in September of 2005.
	
21.  During the May 10, 2005 hearing on this matter, the Board was advised that the kiln room is actually located within the art room of this facility.  The Board was further advised that the area maintains sprinkler head coverage both above and below the ceiling.  In light of the above sprinkler coverage, the Board hereby grants a variance in order to allow the kiln wall assembly above the ceiling not to follow to completion to the underside of the roof deck.  
	
22.  During the May 10, 2005 hearing on this matter, the Board was advised that both doors in the cited areas are in the locked position and not utilized as a means of egress.  Accordingly, the Board directs that the Applicant provide sufficient signage stating, “Not An Exit” on each side of the cited doors.  The Board further directs the Applicant to take whatever additional safeguards are deemed necessary by the North Providence Fire Marshal’s office in assuring that this area will not present a hazard.
	
23-25.  The Board hereby directs the Applicant to correct deficiencies 23, 24 and 25 at the direction and to the satisfaction of the State and North Providence Fire Marshal’s office, on or before the commencement of the 2005-2006 school year in September of 2005.
	
26.  The Board hereby grants the Applicant a time variance until the commencement of the 2005-2006 school year to either treat the cited curtains, remove them or provide the State and North Providence Fire Marshal’s office with proof that the curtains were previously and properly treated.  
	
27-30.  The Board hereby directs the Applicant to correct deficiencies 27,28, 29 and 30 at the direction and to the satisfaction of the State and North Providence Fire Marshal’s office, on or before the commencement of the 2005-2006 school year by September of 2005.
	
31.  The Board hereby grants a variance in order to allow the Applicant to utilize the cited bunker storage area as locked storage space.  In granting this variance, the Board directs the Applicant to provide this area with approved heat detection, installed at the direction and to the satisfaction of the North Providence Fire Marshal’s office prior to the commencement of the 2005-2006 school year in September of 2005.
	
32.  The Board hereby directs the Applicant to correct deficiency #32 at the direction and to the satisfaction of the North Providence Fire Marshal’s office prior to the commencement of the 2005-2006 school year in September of 2005.
	
33.  The Board hereby directs the Applicant to correct deficiency #33 by expanding the cited sprinkler coverage in all areas deemed necessary by the North Providence Fire Marshal’s office.  The above expansion shall be at the direction and to the satisfaction of the North Providence Fire Marshal’s office and completed prior to the commencement of the 2005-2006 school year in September of 2005.

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)].