The above-captioned cases were scheduled for hearing on May 1, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Burlingame, Sylvester, Jackson, Jasparro, Dias and Richard were present.  Commissioner Blackburn recused himself from hearing these cases.  The fire service was represented by Assistant Deputy State Fire Marshal John Horan of the North Providence Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Vice Chairperson 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 eight (8) inspection reports compiled by the North Providence Fire Marshals Office:
	Appeal 080366 is based on the December 4, 2008 inspection report covering the McGuire Elementary School.
	Appeal 100135 is based on the September 1, 2009 inspection report covering the Whelan Elementary School.
	Appeal 100136 is based on the August 6, 2009 inspection report covering the Stephen Olney School.
	Appeal 100137 is based on the September 4, 2009 inspection report covering the Ricci Middle School.
	Appeal 100138 is based on the September 4, 2009 inspection report covering the Birchwood Middle School.
Appeal 100139 is based on the August 30, 2009 inspection report covering the Centerdale Elementary School.
Appeal 100140 is based on the August 14, 2009 inspection report covering the Greystone Elementary School.
Appeal 100141 is based on the August 22, 2009 inspection report covering the Marieville School.
The above reports were utilized by the Board, the Applicant and the North Providence Fire Marshals Office during the May 1, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the above inspection reports 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

A.	Appeal 080366 covering the McGuire Elementary School.
1.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 1, by upgrading the fire alarm system in this building, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
2.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 2, by upgrading the panic hardware and fire rating of the stairwell doors, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
3.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 3, by providing the classroom doors with approved closers, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
4.	It is the understanding of the Board that the Applicant has corrected Deficiency 4 to the satisfaction of the North Providence Fire Marshals Office.
5.	The Board hereby grants the Applicant a variance from the provisions of section 15.2 and chapter 7 of the Rhode Island Life Safety Code, along with their referenced standards, in order to allow the Applicant to maintain the existing dimensions of the cited means of egress system from the lower level library, reading, resource and special education rooms.  This variance is based upon structural hardship.
6.	It is the understanding of the Board that the Applicant has corrected Deficiency 6 to the satisfaction of the North Providence Fire Marshals Office.
7.	It is the understanding of the Board that the Applicant has corrected Deficiency 7 to the satisfaction of the North Providence Fire Marshals Office.

B. 	Appeal 100135 covering the Whelan Elementary School.   
1.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 1, by upgrading the fire alarm system in this building, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
2.	It is the understanding of the Board that the Applicant has corrected Deficiency 2 to the satisfaction of the North Providence Fire Marshals Office.
3.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 3, by providing the classroom doors with approved closers, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
4.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 4, by providing the exit discharge doors with approved exterior emergency illumination, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
5.	It is the understanding of the Board that the Applicant has corrected Deficiency 5 to the satisfaction of the North Providence Fire Marshals Office.
6.	It is the understanding of the Board that the Applicant has corrected Deficiency 6 to the satisfaction of the North Providence Fire Marshals Office.

C.	Appeal 100136 covering the Stephen Olney School. 
1.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 1, by upgrading the fire alarm system in this building, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
2.	It is the understanding of the Board that the Applicant has corrected Deficiency 2 to the satisfaction of the North Providence Fire Marshals Office.
3.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 3, by providing the classroom doors with approved closers, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
4.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 4, by providing the exit discharge doors with approved exterior emergency illumination, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
5.	It is the understanding of the Board that the Applicant has corrected Deficiency 5 to the satisfaction of the North Providence Fire Marshals Office.
6.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 6, by providing the cited library and second-floor-north-stairwell doors with approved closers, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
7  11.	It is the understanding of the Board that the Applicant has corrected Deficiencies 7, 8, 9, 10 & 11 to the satisfaction of the North Providence Fire Marshals Office.

D.	Appeal 100137 covering the Ricci Middle School.
1.	It is the understanding of the Board that the Applicant has corrected Deficiency 1 to the satisfaction of the North Providence Fire Marshals Office.
2.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 2, by providing the cited classroom doors with approved closers, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
3  11.	It is the understanding of the Board that the Applicant has corrected Deficiencies 3, 4, 5, 6, 7, 8, 9, 10 & 11 to the satisfaction of the North Providence Fire Marshals Office.

E.	Appeal 100138 covering the Birchwood Middle School.
1.	It is the understanding of the Board that the Applicant has corrected Deficiency 1 to the satisfaction of the North Providence Fire Marshals Office.
2.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 2, by providing the cited classroom doors with approved closers, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
3.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 3, by providing the cited gymnasium and boiler room doors with approved closers, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.

4  10.	It is the understanding of the Board that the Applicant has corrected Deficiencies 4, 5, 6, 7, 8, 9 & 10 to the satisfaction of the North Providence Fire Marshals Office.

F.	Appeal 100139 covering the Centerdale Elementary School.
1.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 1, by upgrading the fire alarm system in this building, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
2  3.	It is the understanding of the Board that the Applicant has corrected Deficiencies 2 & 3 to the satisfaction of the North Providence Fire Marshals Office.
4.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 4, by providing the cited classroom doors with approved closers, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
5  8.	It is the understanding of the Board that the Applicant has corrected Deficiencies 5, 6, 7 & 8 to the satisfaction of the North Providence Fire Marshals Office.

G.	Appeal 100140 covering the Greystone Elementary School.
1.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 1, by upgrading the fire alarm system in this building, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
2.	It is the understanding of the Board that the Applicant has corrected Deficiency 2 to the satisfaction of the North Providence Fire Marshals Office.
3.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 3, by providing the cited classroom doors with approved closers, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
4.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 4, by providing the exit discharge doors with approved exterior emergency illumination, prior to the commencement of the 2015-2016 academic year in September of 2015.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
5  8.	It is the understanding of the Board that the Applicant has corrected Deficiencies 5, 6, 7 & 8 to the satisfaction of the North Providence Fire Marshals Office.

H.	Appeal 100141 covering the Marieville School.
1.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 1, by upgrading the fire alarm system in this building, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
2  3.	It is the understanding of the Board that the Applicant has corrected Deficiencies 2 & 3 to the satisfaction of the North Providence Fire Marshals Office.
4.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 4, by relocating the kindergarten and first grade students from the basement level of this facility, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
5.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 5, by properly rating the cited library and boiler room doors and further equipping these doors with approved self closers at the direction and to the satisfaction of the North Providence Fire Marshals Office, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
6.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 6, by properly equipping the cited classroom doors with approved self closers at the direction and to the satisfaction of the North Providence Fire Marshals Office, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
7  8.	It is the understanding of the Board that the Applicant has corrected Deficiencies 7 & 8 to the satisfaction of the North Providence Fire Marshals Office.
9.	The Board hereby grants a time variance in order to allow the Applicant to correct Deficiency 9, by properly equipping the cited lounge and speech laboratory doors with approved self closers at the direction and to the satisfaction of the North Providence Fire Marshals Office, prior to the commencement of the 2014-2015 academic year in September of 2014.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
10. 	It is the understanding of the Board that the Applicant has corrected Deficiency 10 to the satisfaction of the North Providence Fire Marshals Office.

I.	File To Remain Open
	Pursuant to the request of the parties, the Board shall maintain the above files as open during the period of the specific time variance(s) granted for each individual school.  If further Board time extensions are desired, they should be applied for prior to the expiration of the original time variance(s) granted by the Board.  In the absence of a timely request for an extension, each individual file shall be deemed closed upon reaching the last time extension date, for that particular building, as outlined above.

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)].