The above-captioned case was scheduled for hearing on April 2, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Fire Chief Brian Jackvony of the Valley Falls Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioners Pearson and Dias 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 23, 2012 inspection report compiled by the Valley Falls Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Valley Falls Fire Marshals Office during the April 2, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the August 23, 2012 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 and that the emergency lighting within this facility is properly operating.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 and that the Applicant has replaced the cited missing ceiling tiles.
	3.  During the April 2, 2013 hearing on this matter, the Board was advised that the Applicant was planning to place an addition in the back of this facility which would necessitate the temporary closing of one of the staircase from the second floor level, which would result in creating a travel distance of over one hundred (100) feet.  The Board was further advised by the Valley Falls Fire Marshals Office that this facility is of masonry construction and fully sprinklered, and that the main corridor is approximately seven (7) feet wide.  The construction is projected to be completed by the commencement of the 2013-2014 academic year in September of 2013.  The Valley Falls Fire Marshals Office had no objection to this temporary arrangement in light of the above facts.  In light of the above, the Board hereby grants a variance in order to allow the Applicant to temporarily close the staircase from the second floor of this facility and to further grant relief to the Applicant on the travel distance from this fully sprinklered, non-combustible facility.  This condition shall be allowed to continue until the commencement of the 2013-2014 academic year in September of 2013.  Finally, the Board notes that the Applicant shall provide this facility with any additional safeguards deemed necessary by the Valley Falls 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)].