The above-captioned case was scheduled for hearing on July 13, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Preiss, Richard, Pearson, Jasparro, 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 Dias and seconded by Commissioners Jasparro, Richard and Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 25, 2010 inspection report compiled by the Providence Fire Marshals Office along with a July 13, 2010 clarification also compiled by the Providence Fire Marshal's office.  The above report and clarification were utilized by the Board, the Applicant and the Providence Fire Marshals Office during the July 13, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the May 25, 2010 inspection report and the July 13, 2010 clarification 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 
	1-5.  The Board hereby directs the Applicant to correct deficiencies 1, 2, 3, 4 and 5 at the direction and to the satisfaction of the Providence Fire Marshal's office on or before the commencement of academic occupancy in September of 2010.
	6(a).  The Board hereby directs the applicant to correct deficiency 6(a) by developing and implementing a plan of correction at the direction and to the satisfaction of the Providence Fire Marshal's office on or before the commencement of academic occupancy of this facility in September of 2011.  Accordingly, the Board shall allow the Applicant to maintain the cited corridor as a smoke barrier during the intervening period.
	6(b)(c)  11.  The Board hereby directs the Applicant to correct the remainder of deficiency 6, along with deficiencies 7, 8, 9, 10 and 11 at the direction and to the satisfaction of the Providence Fire Marshal's office prior to the commencement of academic occupancy in September of 2010.
	12.  The Board hereby grants the Applicant a time variance until the commencement of academic occupancy in September of 2011 in which to correct deficiency 12 or to remove the cited kitchen equipment at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board notes that during the intervening period, the Applicant shall not use any part of the kitchen for any reason and that the Applicant shall physically disconnect the cooking equipment at the direction and to the satisfaction of the Providence Fire Marshal's office.
	13.  The Board hereby grants the Applicant the same time variance outlined in item 12 above, along with the same conditions, as part of his plan of action for the correction of deficiency 13.
	14-15.  The Board hereby directs the Applicant to correct deficiencies 14 and 15 prior to the commencement of academic occupancy in September of 2010.
	16.  As outlined on the July 13, 2010 clarification letter, the Board hereby grants a variance in order to allow the Applicant to maintain a section of the corridor at the lowest level of this facility which is not the required six-foot width.  This variance is granted on the basis of structural hardship.

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)].