The above-captioned case was scheduled for hearing on August 2, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Burlingame, Jasparro and Walker were present.  Commissioner Jackson recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Lutz of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Filippi and seconded by Commissioner Jasparro 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 July 7, 2011 variance request letter compiled by the Applicant.  The above variance request letter was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the August 2, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the Applicants July 7, 2011 variance request letter 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 
	1-4.  During the August 2, 2011 hearing on this matter, the Board was advised and finds that deficiencies 1, 2, 3 and 4 may be eliminated with the installation of sprinkler coverage.  However, the Board was further advised and finds that there was a moratorium on borrowing for school repairs.  Accordingly, the Board hereby grants the Applicant a time variance in order to allow the Applicant to review its options for addressing the deficiencies within this facility and to return with the Providence Fire Marshal prior to September 2012 with a plan of action for the correction of those deficiencies within this facility.  In granting this time variance, it is the understanding of the Board that the Providence Fire Marshals Office has no objection.
	5.  The Board hereby grants a variance from the provisions of section 15.2.4.1 in order to allow the Applicant to maintain a single means of egress from the basement level of this facility.  In granting this relief, it is the understanding and direction of the Board that there shall be no student occupancy in the basement and the basement is primarily utilized for mechanical services.  In light of the hardship of providing this generally unoccupied area with a second means of egress, the Providence Fire Marshals Office has no objection.  Finally, as a condition of this relief, the Board directs the Applicant to lock this area and secure it with appropriate signage at the direction and to the satisfaction of the 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)].