The above-captioned case was scheduled for hearing on May 5, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Richard, Filippi, Blackburn, Preiss, Walker, Dias, and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Fournier of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Blackburn 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 24, 2009 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the May 5, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the March 24, 2009 plan review report as its initial findings of fact.  Any modification of the Boards 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby directs the Applicant to correct deficiency 1 by providing this facility with approved premises identification.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with the required portable fire extinguishers.
	3.  The Board hereby grants a variance from the provisions of section 14.2.3.2 in order to allow the Applicant to maintain the existing cited width of the basement corridor of this facility which narrows down in three places to approximately four and one half (4) feet in width.  This variance is granted on the basis of structural hardship in light of the fact that the facility is fully sprinklered and that there is only one (1) classroom being serviced in this area.  Accordingly, the Providence Fire Marshal's office has no objection.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing the stairways of this facility with an approved rating.
	5.  The Board hereby grants a variance from the provisions of section 14.2.2.3 and 7.2.2.5.2 in order to allow the new stair enclosure with windows that are exposed at 90 degrees with windows located within offices on the first and second floor.  As a condition of this relief, the Board directs that the two existing double hung windows shall be fixed shut and that sprinkler heads shall be placed on the inside of the windows and also the windows shall be protected by dry outside sprinkler heads, at the direction and to the satisfaction of the Providence Fire Marshal's office.  In light of the above, the Providence Fire Marshal's office had no objection.
	6.  The Board hereby grants a variance from the provisions of section 14.2.4 to allow the unoccupied existing third floor not to have a second means of egress.  In granting this relief, it is the understanding of the Board that the Providence Fire Marshal's office has no objection in light of the upgrades and other conditions at this facility.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing the cited emergency lighting.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by addressing the interior finish for the carpeting in the assembly area as listed in the March 24, 2009 plan review report.

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 Applicants 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 Boards 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 Boards 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)].