The above-captioned case was scheduled for hearing on May 17, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners O’Connell, Filippi, Pearson, Burlingame, Coutu, Newbrook and Preiss were present.  The fire service was represented by Deputy State Fire Marshals Cynthia Dehler and Stephen Day of the State Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Burlingame abstaining.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a May 12, 2004 inspection report compiled 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 May 17, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the May 12, 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.  The Board hereby reaffirms the original variance granted to allow the Applicant to utilize a window as a second emergency means of egress from the toddler, nursery and kindergarten rooms.  In reaffirming this variance, it is the understanding of the Board that the window has a push bar and that the Applicant shall modify and stabilize the stairs leading to this exit, at the direction and to the satisfaction of the State Fire Marshal’s office.
	
2.  The Board hereby directs the Applicant to correct deficiency #2 by providing approved exit signs in this facility, at the direction and to the satisfaction of the State Fire Marshal’s office, within 120 days of the date of this decision.
	
3.  The Board hereby directs the Applicant to correct deficiency #3 by removing the excessive artwork on the walls throughout this building, at the direction and to the satisfaction of the State Fire Marshal’s office, and to maintain artwork and teaching materials, not to exceed the standards outlined in RI Life Safety Code 17.7.4.3.
	
4.  It is the understanding of the Board that the Applicant has corrected deficiency #4 by removing the cited combustibles.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 by providing all areas of the first floor of this facility with approved emergency lighting installed at the direction and to the satisfaction of Communications Division of the Providence Fire Marshal’s office.  Specifically, the Applicant shall provide approved emergency lighting to illuminate the interior stairs and corridors, the assembly space, flexible and open plan buildings, interior or limited access portions of the building, shops and laboratories, along with the kitchen and stage areas.
	
6.  The Board hereby grants a variance to allow the Applicant to maintain the existing cited thirty (30) minute fire doors from the boiler room and furnace room of this facility.  In granting this variance, the Board directs the Applicant to provide both doors with approved self-closing devices, installed at the direction and to the satisfaction of  the State Fire Marshal’s office, within 120 days of the date of this decision.
	
7.  It is the understanding of the Board that the Applicant has corrected deficiency #7 by properly mounting the fire extinguishers in this facility.
	
8.  The Board hereby directs the Applicant to correct deficiency #8 by providing this facility with an approved fire alarm system.  The Board notes that the timetable for providing this fire alarm system shall coincide with the Board’s plan of action developed for the Council of Churches.
	
9.  The Board hereby directs the Applicant to correct deficiency #9 by providing approved carbon monoxide alarms in this facility, on or before July 1, 2005.  The Board further directs the Applicant to immediately provide this facility with approved battery powered carbon monoxide units until the upgrade.
	
10.  It is the understanding of the Board that the Applicant has removed the deadbolt from the exit door of this facility, to the satisfaction of the State Fire Marshal’s office.
	
11.  The Board hereby directs the Applicant to remove the burlap canvas bulletin boards from this facility or to properly fire rate these bulletin boards.
	
12.  The Board hereby directs the Applicant to provide the State Fire Marshal’s office with an approved fire drill schedule within 120 days of the date of this decision.
	
13.  It is the understanding of the Board that the Applicant has corrected the CPR issues involved in this facility.
	
14.  Any remaining issues within this facility shall be corrected at the direction and to the satisfaction of the State Fire Marshal’s office.
	
15.  The Board hereby directs the Applicant to include a drill switch on the upgraded fire alarm system of this facility, at the direction and to the satisfaction of the State Fire Marshal or designee.

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)].