The above-captioned case was originally scheduled for hearing on May 13, 2008 at 1:00 P.M. At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jackson, Jasparro, Pearson and Diaz were present.  The fire service was represented by Deputy State Fire Marshal Kaitlyn E. Foley of the State Fire Marshals Office.  An initial motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook to grant the Applicant a time variance of ninety (90) days to develop a plan of action and to further provide the State Fire Marshals Office with documentation proving that the vinyl wall coverings in the quiet room complied with the provisions of  NFPA 701. The motion was unanimous. 
	The Board was subsequently advised by the Applicant that part of his plan of action would be to utilize the existing inter-connected classroom door system, leading to smoke compartments in the existing egress system, as an alternative to windows for rescue in accordance with the provisions of  the Life Safety Code section 15.2.11.1.2(5). However, since questions existed as to how the Applicant could bring this facility into substantial compliance with the intent of  section 15.2.11.1.2, the Applicant requested that the Board re-open this matter and conduct an on-site review of the existing egress and evacuation systems in accordance with the provisions of Board Rule 6-2-11. This request was approved and the Board considered the new evidence of the physical egress and evacuation systems presented by the Applicant on May 27, 2008.
	Accordingly, a second hearing was held by the Board, at the subject facility, on May 27, 2008 at 1:00 PM. At that time, Acting Chairman Pearson and Commissioners Preiss, Dias, Walker, Jackson and Jasparro were present. The fire service was represented by Chief Paul Labbadia of the Anthony Fire Department. The Board notes that Deputy State Fire Marshal Kaitlyn E. Foley of the State Fire Marshals Office was notified of the hearing but advised that she was unable to attend due to a mandatory class. A motion was made by Commissioner Jasparro and seconded, for discussion, by Commissioner Preiss to grant the Applicant relief as outlined herein. The motion, to grant the relief outlined below, passed over the opposition vote of Commissioner Preiss. 	

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a March 3, 2008 inspection report compiled by the State Fire Marshals Office. The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the initial hearing on this matter and again used by the Board, the Applicant and the Anthony Fire Chief during the May 27, 2008 on-site hearing. Accordingly, the Board hereby incorporates the March 3, 2008 report as its initial findings of fact.  Specifically, the Board finds that this building is a one (1) story structure built on slab and can be considered Type II (222) construction. The Board finds that the entire facility is approximately twenty-three thousand, four hundred sixty (23,460) square feet in area. The Board further finds that this facility is divided into two (2) sections consisting of an east wing and a west wing. The Board finds that the issue of rescue windows, and their alternatives, is confined to the west wing classrooms of this facility. 
	The Board finds that the west wing contains a corridor with ten classrooms, a computer room, two (2) bathrooms, two (2) closets, and a teachers lounge area. The Board finds that there are six (6) means of egress from the entire facility. The Board finds that the west wing is serviced by two (2) of the above six (6) means of egress. The Board finds that the existing means of egress have been previously accepted by the Anthony Fire District during prior inspections of this existing school. 
	The Board finds that the facility maintains a municipal fire alarm system (Box No. 1300). The Board further finds that the fire alarm system has been extended by the voluntary placement of heat detection in a six inch void between the original ceiling and the rated drop ceiling of this facility. 

The Board further finds that, with the sole exception of the time out rooms in the southeastern corner, the southern classrooms located in the west wing have doors between them allowing access to smoke compartments, located in the egress system, on both ends of the western wing. The Board further finds that both the existing time out room and the proposed time out room are each less than two hundred and fifty square feet in area, are occupied by only one student at a time, and are always monitored by a staff member during their use. The Board finds that the locking mechanism on these rooms must be held by a staff member to function. In light of the above, the Board finds that these rooms fall within the square footage exception found in section 15.2.11.1.1 and are not required to have windows for rescue. The Board finds that this area exits into an egress system smoke barrier compartment providing access to two (2) separate means of egress leading to areas of refuge.
	The Board further finds that part of the Applicants plan of action for occupancy of the room in the northwestern corner of the west wing would be to provide a storage closet in the rear of this area thereby reducing the total classroom square footage to less than two hundred fifty (250) square feet and thereby exempting it from section 15.2.11.1.1. The Board further finds that this room also exits into an egress system smoke barrier compartment again providing access to two (2) separate means of egress leading to areas of refuge. 
	The Board finds that there are two classrooms located in the northeastern corner of the west wing that are separated from the remaining classrooms by bathrooms. The Board finds that the Applicant, at the direction of the Anthony Fire Chief, shall provide an additional smoke barrier in the egress corridor to both limit the travel distance from this area and to further provide alternative egress from these rooms.  Finally, the Board finds that the Applicant shall also work with the Anthony Fire Chief to seal off any voids above the smoke barriers in the west wing to the satisfaction of the Anthony Fire Chief. 

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants the Applicant a time variance, until September 1, 2008, to allow the Applicant to implement the above-referenced plan of action to bring the non-exempted classrooms in this facility into substantial compliance with section 15.2.11.1.2(5) as outlined below. The Board notes that the above-described time out rooms, along with the northwestern classroom, as modified with the storage closet outlined above, fall within the square footage exemption found in section 15.2.11.1 and are therefore not required to maintain rescue windows. 
In addition, the Board directs the Applicant to provide the drop ceiling in the egress system with approved ceiling clips and to further provide the west wing egress hallway with an additional smoke partition at the direction and to the satisfaction of the Anthony Fire Chief. The Board further directs the Applicant to work with the Anthony Fire Chief to seal off any voids above the smoke barriers in the west wing to the satisfaction of the Anthony Fire Chief. 
The Board further directs the Applicant to provide all of the doors between the classrooms with approved spring loaded hinges and non-illuminated exit signage at the direction and to the satisfaction of the Anthony Fire Chief. Further, the Board requests that the Anthony Fire Chief and the State Fire Marshals Office conduct a final inspection of this facility on, or immediately after, the September 1, 2008 deadline. 
Finally, the Board recognizes that the Anthony Fire District will be conducting and/or supervising all future rescue operations and that the Anthony Fire Chief has agreed that rescue operations through the above-described system of smoke barriers and interconnected classroom doors would be a superior alternative to emergency rescue operations exclusively through compliant classroom windows. In light of the above, the Board hereby grants a variance to approve the above-described emergency egress system as an approved alternative to windows for rescue.    
2.	It is the understanding of the Board that the Applicants tenant has corrected deficiency number 2 by providing the State Fire Marshals Office with documentation demonstrating that the flame spread rating of the stage curtain was in compliance with NFPR 701, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films.
3.	During the May 27, 2008 hearing on this matter, the Applicants tenant advised the Board that the vinyl surfaces of the vinyl covered materials in the time out rooms were in compliance with the provisions of NFPA 701. The Board hereby directs the Applicants tenant to provide the State Fire Marshals Office with the above documentation. Upon submission of this documentation, the wall coverings shall be deemed in compliance with the code. In granting this relief, the Board notes that the above small rooms shall only be occasionally and temporarily occupied by an individual student who shall be fully supervised during the entire period of occupancy. The Board further notes that the school shall be smoke free and specifically that the Applicants tenant shall assure that there shall be no smoking or other sources of possible ignition in these time out room areas.  
4.	It is the understanding of the Board that the Applicant has corrected deficiency number 4 by replacing the missing faceplate on the light switch in the main 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)].