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 Assistant Deputy State Fire Marshal James Bellamy of the East Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Richard 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 an August 31, 2010 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the February 22, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the August 31, 2010 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.  During the February 22, 2011 hearing on this matter, the Board was advised that the Applicant maintained approximately twelve (12) classrooms that would be required to provide windows for escape.  The Applicant has agreed to correct ten (10) of the twelve (12) classrooms and is requesting a variance, based upon structural hardship, to be allowed not to provide rescue windows in classrooms 110 and 112.  These classrooms are landlocked into an open air courtyard.  As a condition of this variance, the Applicant has presented the Board with a plan of action.  The Applicant has agreed to limit the maximum occupancy of these classrooms and to further provide the classrooms with escape windows in classrooms directly across the hall.  The Applicant has further advised the Board that the classrooms would maintain approximately eight to ten (8-10) students with two (2) adults to supervise at all times. 
	Accordingly, the Board hereby grants a variance from the provisions of section 15.11.1.1 in order to allow the Applicant to maintain classrooms 110 and 112 without rescue windows in accordance with the plan of action outlined during the February 22, 2011 hearing, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  This variance is based upon structural hardship and the fact that the Applicant has submitted a plan of action acceptable to the East Providence Fire Marshals 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)].