The above-captioned case was scheduled for hearing on March 16, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Jasparro, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Karpovitz of the Middletown Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the March 16, 2010 hearing on this matter, the Board had before it a January 27, 2010 preliminary plan review report issued by the Middletown Fire Marshal's office along with a March 2, 2010 summary of the proposed project as outlined by the Applicant's architect, Fielding Nair International.  The above documents were reviewed and utilized by the Board, the Applicant and the Middletown Fire Marshals Office during the March 16, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the above documents 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 approves the parties' plan of action for the construction of a small greenhouse in the Gaudet learning commons courtyard and to allow occupancy of the courtyard for use by fourth and fifth grade classes, at the direction and to the satisfaction of the Middletown Fire Marshal's office.  As a condition of this variance, the Board directs that the Applicant shall address the atmosphere of the egress system by providing approved smoke barrier doors on magnetic hold-open devices in the vicinity of rooms 117 and 118, installed at the direction and to the satisfaction of the Middletown Fire Marshal's office.  Upon completion of the above safeguards, the Board shall allow occupancy of the greenhouse to be limited to twenty-six (26) people and occupancy of the courtyard area itself to be allowed up to 150 people.  The Board notes that the Middletown Fire Marshal's office has no objection to the above occupancy limits in light of the safeguards being taken by the Applicant.

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)].