The above-captioned case was scheduled for hearing on November 3, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Jasparro, Preiss, Blackburn and Richard were present.  The fire service was represented by Chief of Plans Review Wade Palazini of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Blackburn.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 11, 2009 plans review 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 November 3, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the September 11, 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, 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 time variance in order to correct deficiency 1 on or before September 1, 2010 at the direction and to the satisfaction of the State Fire Marshal's office.  Specifically, during the November 3, 2009 hearing on this matter, several options were reviewed with the Applicant to allow for compliance.  These options included removing the doors between rooms to allow access to doors directly to the outside.  Accordingly, the Board hereby authorizes the State Fire Marshal's office to approve any of the plans outlined by it in order to allow for the classrooms of this facility to be provided with direct access to the outside.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 at the direction and to the satisfaction of the State Fire Marshal's office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 at the direction and to the satisfaction of the State Fire Marshal's office.
	4.  The Board hereby grants the Applicant a time variance until September 1, 2010 in order to correct deficiency 4 by providing this facility with the required complete coverage fire alarm system, installed at the direction and to the satisfaction of the State Fire Marshal's office.
	5.  In granting the relief above, it is the understanding of the Board that rooms 5 through 8 will remain unoccupied until the plan of action is reached for bringing this facility into compliance, at the direction and to the satisfaction of the State 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)].