The above-captioned case was scheduled for hearing on February 7, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Burlingame, Richard, Blackburn, Jasparro, Jackson, Pearson and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Lutz of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioners Richard and Jackson 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 revised August 26, 2011 plan of action and variance request report submitted by Wilkinson Associates Inc.  The above report was incorporated by reference in a cover letter dated November 18, 2011 by the Providence Fire Marshals Office.  Accordingly, the Board hereby incorporates the revised August 26, 2011 engineering report along with the November 18, 2011 cover letter of the Providence Fire Marshals Office 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 grants the Applicant a time variance until the commencement of the 2013-2014 academic year in September of 2013 in order to allow the Applicant to complete the proposed requisite owner provided upgrades as outlined on pages 5, 6, 7 and 8 of the revised August 26, 2011 engineering report and plan of action.  The above upgrades shall be made at the direction and to the satisfaction of the Providence Fire Marshals Office.
	2(a).  The Board hereby grants a variance in order to allow the continued use of the non-conforming open stair 123 and stair 146 in conjunction with the Applicants plan of action as outlined on page 9 of the revised August 26, 2011 report.  The Board further notes that the cited extra deep draft barriers shall be approximately three feet (3) deep.
	2(b).  The Board hereby grants a variance to allow the corridor walls to extend from floor to ceiling with space above used as return air plenum so long as the building maintains a compliant NFPA 13 wet sprinkler system and the doors of such walls are compliant with hardware and with direct sprinkler protection as outlined in page 9 of the August 26, 2011 report.
	2(c).  The Board hereby grants a variance in order to allow the Applicant to continue the use of the non-conforming exit door from stair 136 to the Carpenter Street sidewalk as outlined on page 9 of the revised August 26, 2011 report.
	2(d).  During the February 7, 2012 hearing, the Board was advised that the cited closets would not contain hazardous material and a variance might not be required.  However, the Board hereby reaffirms its original variance to allow the closet walls to extend from the floor to ceiling as outlined on page 10 of the revised August 26, 2011 report.
	2(e).  The Board hereby grants a variance in order to allow utility room 142 to remain as constructed of CMU as outlined on page 10 of the revised August 26, 2011 report.
	2(f).  During the February 7, 2012 hearing on this matter, the Board was advised that the Applicant wished to maintain the non-conforming metal elevator door and that this elevator was typically not used.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the door to elevator 1 and to allow this door to be non-conforming as outlined on page 10 of the revised August 26, 2011 report.
	2(g).  The Board hereby grants a variance for classrooms 203, 211 and 229 to allow these spaces to be considered educational and not assembly, and to limit the occupancy to no more than forty (40) persons as outlined on page 10 of the revised August 26, 2011 report.
	2(h).  The Board hereby grants a variance in order to allow the existing basement access door to the unoccupied and unused basement to remain non-conforming.  The Board notes that access to this space is necessary in that the sprinkler valve is located in this area.  However, the Board notes that the Applicant shall provide this area with proper signage as outlined on pages 10 and 11 of the revised August 26, 2011 report.
	2(i).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited dimensions and to continue to fully utilize stair 101 and stair 136 as outlined on page 11 of the revised August 26, 2011 report.
	2(j).  The Board hereby reaffirms the original variance granted to allow the fire alarm system not to include heat detection within the interstitial HVAC plenum space above the accessible hung ceiling.  In granting this relief, it is the understanding and direction of the Board that there is duct smoke detection and that its activation would put the alarm system in an alarm condition as opposed to just a trouble condition.  In light of the above, it is the understanding of the Board that the Providence Fire Marshals Office has no objection in light of the Applicants plan of action as outlined on page 11 of the revised August 26, 2011 report.
	2(k).  The Board hereby grants a variance in order to allow the lockers located in corridor 213 to remain and the Board notes that the cited clearance is deficient by approximately five inches (5).  In light of the above, it is the understanding of the Board that the Providence Fire Marshals Office has no objection.

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)].