The above-captioned case was scheduled for hearing on September 22, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Jasparro, Pearson, Walker, 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 Commissioner Walker and seconded by Commissioner Dias and Vice Chairman Newbrook to grant the Applicant relief on the first issue presented which involved the locking of intercommunicating doors between classrooms.  The motion was unanimous.  A second motion was made by Commissioner Blackburn and seconded by Vice Chairman Newbrook and Commissioner Filippi to grant relief on certain gates provided in the stairwells of this facility.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts as its initial findings of fact its findings in file number 090063 and the referenced cases therein covering this facility.  In addition, the Board finds that the subject facility has interconnecting doors between the classrooms that the school department proposes to lock.  The Board further finds that the doors allow for team teaching and oversight of two (2) classrooms if the teacher needs to leave the room momentarily.  The Board further finds that the programs offered in this facility present an opportunity of holding both day and night classes which necessitate that individual rooms be secured from each other.  The Board further finds that the Providence Fire Marshal has determined the need for the travel of internal stair 4 to be interrupted at the level of exit discharge.  The Board finds that this could be accomplished by gates and signage.  Finally, the Board finds that the remaining deficiencies have been addressed and appear to be in compliance with the fire safety code.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a variance from the provisions of section 4.6.13.2 in order to allow the doors between the classrooms to be keyed and to provide all daytime teachers with such keys and to further provide signage at the doors that these doors are not exit doors and are not required means of egress.  The Board notes that night time teachers will not be provided with keys but shall further be notified that the subject doors are not egress doors.
	2.  The Board hereby directs the Applicant to provide the stairways of this facility with appropriate signage noting the level of exit discharge.  The Board specifically grants the Applicant relief from providing gates within stairs 1 and 5 of this facility.  However, the Board hereby directs the Applicant to provide gates within internal stairway 4 which would interrupt the downward travel of this stairway at the level of exit discharge at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board has been further advised that the Applicant is concerned with possible maintenance issues on these gates which will be held open by magnetic hold-open devices connected to the fire alarm system.  In the event the Applicant faces difficult issues in this area, the Applicant is free to re-apply to the Board for reconsideration of this issue.  Finally, the Board notes that one of the Providence Fire Marshal's primary concerns about exit stairway 4 is the fact that this may be utilized by individuals who are exiting the field house who are not otherwise familiar with the egress system of this facility.  

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)].