The above-captioned case was scheduled for hearing on September 1, 2009 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Preiss, Richard, Blackburn, Walker, Dias, Jasparro and Jackson were present.  Chairman Coutu recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal William Sisson of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates as its original findings of fact its findings in file number 060125 covering the existing facility.  In addition, the Board finds that in decision number 060125 it granted the owner of this facility a time variance, until the commencement of the 2008-2009 academic year in September of 2008 to allow the owner to bring this facility into compliance with the Fire Code at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.
	The Board further finds that this facility has apparently been vacant since June of 2007.  The Board further finds that the current Applicant, the Central Falls School District, is seeking to occupy this facility on an emergency basis.  Specifically, the Board finds that on or about August 20, 2009, the Central Falls Building Repair Committee adopted a resolution declaring the Capt. G. Harold Hunt School was unsafe for occupancy.  Accordingly, the applicant immediately began a search for a suitable educational facility for approximately 220 preschool through kindergarten students.  The Board further finds that the Applicant was unable to find a suitable facility within the City of Central Falls.  However, the Board finds that the applicant deemed the subject facility to be appropriate for this emergency use.  The Board further finds that the Applicant is seeking to lease the subject facility for one (1) year while the Hunt School is being repaired. 
 
The Board further finds that on or about August 25, 2009 the Pawtucket Fire Marshal's office inspected the subject facility and presented the Applicant with a list of deficiencies.  The Board further finds that the applicant has taken immediate action to correct most of these deficiencies and is seeking a single variance from the Board at this time.  Finally, the Board finds that food preparation will take place off-site and that students will be housed on the first and second floor only and that there shall be no other school-related occupancy of the basement level at all.  The Board notes that the original determination that sprinklers would be required for this facility stemmed from the original owners use of the basement level of this facility as student occupied space.  However, as outlined above, the proposed temporary use of this facility shall exclude students from the basement entirely.

The numbers of the decision below correspond with those of a March 22, 2007 compliance inspection report compiled by the Pawtucket Fire Marshal's office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the September 1, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the March 22, 2007 compliance inspection report within 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, 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 or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a conditional variance from the provisions of section 15.3.5.1 in order to allow the Applicant not to provide this facility with sprinkler coverage based on student occupancy of the basement level pursuant to the understanding that the Applicant, during the emergency use of this facility, shall not allow student occupancy below the level of exit discharge (the basement level) at any time.  Accordingly, the Applicant may occupy the proposed eleven (11) classrooms on the first and second levels of this facility.
	The Board further directs the Applicant to maintain the proposed occupancy of Pre-K, Kindergarten and first grades only within this facility and to further provide approved escape windows in all classrooms that are to be utilized prior to occupancy of this facility.  This variance shall cover the current 2009-2010 academic year and the Board shall leave this file open in the event the applicant wishes to extend its occupancy of this facility.
	2.  The Board directs the Applicant to correct deficiency 2 by providing additional separation of the corridors and stairwells of this facility by placing approved sheetrock over the glass of the stairwell doors and assemblies, at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.  
	3.  It is the understanding of the Board that the Applicant shall correct deficiency 3 at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.
	4.  It is the understanding of the Board that the Applicant shall correct deficiency 4 by not exceeding twenty percent of the wall area with art work and teaching material.
	5.  It is the understanding of the Board that the Applicant shall correct deficiency 5 by providing all required fire drills.  It is the further understanding of the Board that the Applicant shall have an immediate fire drill during the first week of school.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 and currently maintains a complete fire alarm system, emergency lights, exit signs and fire extinguishers at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.

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)].