The above-captioned case was scheduled for hearing on June 2, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Jackson, Preiss, Walker, Jasparro, Blackburn, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Lisa Krapf of the Providence Fire Marshals Office.  A motion was made by Commissioners Filippi and Dias and seconded by Vice Chairman Newbrook 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 an April 1, 2009 inspection 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 June 2, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the April 1, 2009 inspection 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 grants the Applicant a time variance until the commencement of the 2009-2010 school year in September of 2009 in which to correct deficiency 1 by providing the required address number on the building.
	2.  The Board hereby grants the Applicant a time variance until the commencement of the 2009-2010 school year in September of 2009 in order to correct deficiency 2 by providing the building with the cited key access box.
	3.  The Board hereby grants the Applicant a time variance until the commencement of the 2009-2010 school year in September of 2009 in order to correct deficiency 3 by providing the cited fire extinguisher cabinet with the required signage at the direction and to the satisfaction of the Providence Fire Marshal's office.
	4.  The Board hereby grants a variance from the provisions of section 13.6.3.10 in order to allow the Applicant to maintain the existing cited height of the fire extinguishers on the first floor of this facility.
	5.  The Board hereby grants the Applicant a time variance until the commencement of the 2009-2010 school year in September of 2009 in order to correct deficiency 5 by properly servicing the fire extinguishers in this facility at the direction and to the satisfaction of the Providence Fire Marshal's office.
	6.  The Board hereby grants the Applicant a time variance until the commencement of the 2009-2010 school year in September of 2009 in order to correct deficiency 6 by repairing the cited door to the art and music room and by replacing the horizontal bar on the exterior door on the west side of the building at the direction and to the satisfaction of the Providence Fire Marshal's office.
	7(a).  The Board hereby grants a variance from the provisions of sections 15.2.1.1 and 7.1.3.2.1 and their referenced standards in order to allow the Applicant to maintain the existing door from the rear stair enclosure to the boiler room.  Specifically, the Board notes that it is approving the location of this door and the existing rating of the door.  The Board further notes that the parties have advised it that this appears to be an old fire rated door without any current label and that in light of the above, the Providence Fire Marshal's office did not have an objection.
	7(b).  The Board hereby grants a variance from the provisions of sections 15.2.1.1 and 7.1.3.2.1 in order to allow the Applicant to maintain the existing rating of the center stair to the basement.  In granting this relief, the Board directs the Applicant to provide additional separation in this area at the direction and to the satisfaction of the Providence Fire Marshals office and to further remove the storage in this area at the direction, to the satisfaction and within a timetable established by the Providence Fire Marshal's office.
	7(c).  The Board hereby grants a variance from the provisions of sections 15.2.1.1 and 7.1.3.2.1 in order to allow the Applicant to maintain the cited toilet stack in the center stair enclosure to the basement.  This variance is based upon structural hardship.
	7(d).  The Board hereby grants a variance from the provisions of sections 15.2.1.1 and 7.1.3.2.1 in order to allow the Applicant to maintain the current construction and location of the boiler room which is accessed directly off the rear stair enclosure.  The Board further allows the existing tank to remain in the boiler room area.  This variance is also based on structural hardship.
	8.  The Board hereby grants the Applicant a time variance until the commencement of the 2009-2010 school year in September of 2009 in order to correct deficiencies 8(a) and 8(b) at the direction and to the satisfaction of the Providence Fire Marshal's office.
	9.  The Board hereby grants the Applicant a time variance until the commencement of the 2009-2010 school year in September of 2009 in order to correct deficiencies 9(a)(b)(c) at the direction and to the satisfaction of the Providence Fire Marshal's office.
	10.  The Board hereby grants a variance from the provisions of section 15.2.2.3 and 7.2.2.2.1(2) and table 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing dimensions and winding nature of the front stair to the second floor of this facility.  In granting this variance, the Board notes that the Providence Fire Marshal's office considers the variance to be not unreasonable.
	11.  The Board hereby grants the Applicant a time variance until the commencement of the 2009-2010 school year in September of 2009 in order to correct deficiency 11 by providing the cited rear enclosure with the required guards at the direction and to the satisfaction of the Providence Fire Marshal's office.
	12.  The Board hereby grants a variance from the provisions of section 15.2.3.2 in order to allow the Applicant to maintain the existing cited corridor in the school building.  In granting this variance, it is the understanding of the Board that the corridor is approximately three feet three inches in width and that it supports only seventy (70) students ranging in age from Pre-K to third grade.
	13.  The Board hereby grants a variance from the provisions of section 15.2.4 in order to allow the Applicant to maintain the existing egress from the third floor level of this facility.  In granting this variance, the Board directs the Applicant to remove the cited unprotected four-burner gas stove from the third floor and to cap the pipe at the direction and to the satisfaction of the Providence Fire Marshals office.  The Board further directs the Applicant to maintain the third floor as storage only with no other occupancy.  Accordingly, the Board shall allow the Applicant to remove the fire escape servicing the third floor and to allow access to the third floor storage area through the internal egress system.
	14.  The Board hereby grants the Applicant a time variance until the commencement of the 2009-2010 school year in September of 2009 in order to correct deficiency 14 by providing the required emergency lighting at the exterior doors of this facility by further conducting the power tests needed to verify that the interior lighting within this facility is sufficient.
	15.  The Board hereby grants a variance from the provisions of section 15.2.11.1.1 and its referenced standards in order to allow the Applicant to maintain the existing current dimensions of the classroom window on the first floor north side classroom on the west wall of this facility and to allow the window to be utilized as a window for rescue from this classroom.  It is the understanding of the Board that all other windows are in compliance with the dimensional requirements of the code.  Accordingly, the Board directs the Applicant to label the remaining windows, along with the above window, as windows for rescue on or before the commencement of the 2009-2010 academic year in September of 2009.  
	16.  The Board hereby grants a variance from the provisions of section 15.3.2.1 in order to allow the Applicant to separate the boiler of this facility, at the direction and to the satisfaction of the Providence Fire Marshal's office, as outlined in item 7 above.  Accordingly, when the Providence Fire Marshal's office is satisfied with the separation of the boiler room, the Board shall also be satisfied.
	17.  The Board hereby grants the Applicant a time variance until the commencement of the 2009-2010 school year in September of 2009 in order to correct deficiency 17 by providing the Providence Fire Marshal's office with proof of the required interior finish.
	18.  The Board hereby grants the Applicant a time variance until the commencement of the 2009-2010 school year in September of 2009 in order to correct deficiency 18 by providing this facility with an approved, compliant municipally connected fire alarm system.  
	19.  The Board hereby grants a variance from the provisions of section 15.3.5.2 in order to allow the Applicant to separate the basement level of this facility from the rest of the building by eliminating the combustibles in the basement and by further fire stopping the penetrations and either sprinklering the basement area or spraying on fire retardant material or sheet rocking the basement in an effort to achieve a level of separation acceptable to the Providence Fire Marshal's office.  Accordingly, once the Providence Fire Marshal's office is satisfied with the efforts made by the Applicant with regard to the above separation, the Board shall be satisfied.  It is not the intent of the Board in this situation to provide for an approved rated assembly, but rather to allow the Applicant and the Providence Fire Marshal's office to achieve a practical separation of the two levels.
	20.  The Board hereby grants the Applicant a time variance until the commencement of the 2009-2010 school year in September of 2009 in order to correct deficiency 20 by properly separating the corridor of this facility and by providing the office door on the first floor with an approved self-closer and approved rating, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	21.  The Board hereby grants the Applicant a time variance until the commencement of the 2009-2010 school year in September of 2009 in order to correct deficiency 21 by providing documentation to the Providence Fire Marshal that the cited curtains are in compliance with flame resistant ratings.  
	22.  The Board hereby grants the Applicant a time variance in order to correct deficiency 22 by limiting the art work and teaching materials to the 20 percent limit in this non-sprinklered building at the direction and to the satisfaction of the Providence Fire Marshal.  The Board further directs the Applicant to maintain the artwork at the 20 percent limit at the direction and to the satisfaction of the Providence Fire Marshal's office.
	23.  The Board hereby grants a variance in order to allow the Applicant to maintain multi-age classrooms with Pre-K through third grade students in this special situation.  The Board notes that this is not an unreasonable request and it has also been previously approved in other educational settings.

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)].