The above-captioned case was scheduled for hearing on February 22, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Filippi, Walker, Jasparro, Jackson, Preiss and Richard were present.  The fire service was represented by Deputy State Fire Marshal Michael Macaruso of the State Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioners Walker and Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of a February 1, 2011 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 February 22, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the February 1, 2011 inspection 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 
	1-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4, 5 and 6 at the direction and to the satisfaction of the State Fire Marshals Office.
	7.  (10-2097-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing measurement of the escape windows in the classrooms from the floor.  In granting this relief, the Board notes that the Applicant maintains escape ladders in front of the windows, and is hereby granted a variance in order to continue this protection feature.  It is the understanding of the Board that the State Fire Marshals Office has no objection to this relief.
	8-10.  It is the understanding of the Board that the Applicant has corrected deficiencies 8, 9 and 10 at the direction and to the satisfaction of the State Fire Marshals Office.
	11.  (10-2094-VN).  During the February 22, 2011 hearing on this matter, the Board was advised that the Applicant maintains a non-compliant window in the rear exit corridor of this facility.  The Board was further advised that this was originally an exterior window before the addition to the building.  The Board hereby grants a variance in order to allow the Applicant to correct this deficiency at the direction and to the satisfaction of the State Fire Marshals Office by either sheetrocking over the window, by replacing it with glass brick or providing an equivalent assembly, to the satisfaction of the State Fire Marshals office.  The Board notes that once the State Fire Marshals Office is satisfied that the Applicant has substantially corrected this deficiency, the deficiency shall be deemed to have been corrected.

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)].