The above-captioned case originally came before the Board on August 6, 2013 and was assigned to a subcommittee of the Board for on-site review on September 10, 2013 at 10:00 A.M.  The subcommittee recommendations were thereupon presented to the Board during its regular hearing on September 10, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Thornton, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  A motion was made by Commissioner Richard and seconded by Vice Chairperson Filippi to approve the subcommittee recommendations.  The motion was unanimous.

FINDINGS OF FACT
The numbers of the Decision below correspond with those of a May 28, 2013 inspection report as utilized by the subcommittee, the Applicant and the Providence Fire Marshals Office during the September 10, 2013 on-site review.  Accordingly, the Board hereby incorporates the May 28, 2013 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 by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshals Office. 
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by repairing the cited damaged heat detectors in the teachers lounge and in the copy room.
	3.  During the September 10, 2013 on-site review of this facility, the Applicant advised the Board that he would provide the required windows for rescue as part of a long-term energy efficiency program in which the windows within this facility are to be upgraded.  The Applicant further advised the Board that the timetable for this compliance would be approximately five (5) years.  In light of the high quality egress system serving the remainder of this facility, the Providence Fire Marshals Office had no objection to the extension of time for compliance.  Accordingly, the Board hereby grants the Applicant a time variance of five (5) years from the date of this decision in which to correct deficiency 3 by providing this facility with the approved windows for rescue, at the direction and to the satisfaction of the Providence Fire Marshals Office.  In granting this variance, the Board notes that the Providence Fire Marshals Office has no objection.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by replacing the cited pull stations with approved double-action pull stations.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by upgrading the fire extinguishers within this facility.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by having the exhaust and Ansul systems in both kitchens inspected and approved.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by repairing the cited emergency units and/or adjusting the heads of these units, at the direction and to the satisfaction of the Providence Fire Marshals Office.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by replacing the cited exit sign.
	9.  During the September 10, 2013 subcommittee review of this facility, the Board, the Applicant and the Providence Fire Marshals Office agreed to a three (3) tier time variance for the correction of deficiency 9.  Initially, the Applicant is directed to remove all non-compliant hold open devices from the doors of this facility, within one (1) week of the date of this decision.  The Applicant is then provided with a period of thirty (30) days from the date of this decision in which to provide the hazard area doors such as the doors servicing the boiler room and kitchens of this facility, with approved self-closers, installed at the direction and to the satisfaction of the Providence Fire Marshals Office.  The parties also agree that if the Applicant wishes to maintain any of these doors in the open position for operational purposes, the Applicant would be allowed to provide the specific door with an approved magnetic hold-open device, installed at the direction and to the satisfaction of the Providence Fire Marshals Office.  The above magnetic hold-open device would automatically deactivate in the event of power outage and/or activation of the fire alarm system.  Finally, the Board grants the Applicant a time variance of one (1) year from the date of this decision in which to correct the remainder of this deficiency by providing the remaining corridor doors with approved door closers, either spring loaded hinge or hydraulic, at the direction and to the satisfaction of the Providence Fire Marshals Office.  Finally, the Board notes that the Providence Fire Marshals Office may extend any of the above timelines for good faith efforts being demonstrated by the Applicant.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 and that the doors at the top of the Sargent Stairwell are currently properly closing.
	11-15.  It is the understanding of the Board that the Applicant has corrected deficiencies 11, 12, 13, 14 and 15 as outlined in the May 28, 2013 inspection report.
	16.  It is the understanding of the Board that the Applicant has corrected the majority of item 16 by removing the cited combustibles hanging on the walls and doors of the kindergarten and library and in the corridor outside of the teachers lounge.  The Board hereby directs the Applicant to address the remaining portion of item 16, covering the foam matte and rock wall, by either providing the Providence Fire Marshals Office with approved documentation of these items or by providing these items with an approved Class A finish, installed at the direction and to the satisfaction of the Providence Fire Marshals Office, within a timetable established by that Office.
	17-21.  It is the understanding of the Board that the Applicant has corrected deficiencies 17, 18, 29, 20 and 21 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	22.  During the September 10, 2013 subcommittee review of this matter, the Applicant advised the Board that there is very limited use of the computer room and classrooms in the basement of this facility.  In light of this, the Board hereby grants a variance in order to allow the Applicant not to provide sprinkler coverage in the basement, as long as he maintains the current use of the basement.  In the event that the Applicant wishes to intensify the use of the basement due to increased enrollment, the Applicant shall work with the Providence Fire Marshals Office in the development and implementation of a plan in which the egress system of this basement shall be sprinkled to the satisfaction of the Providence Fire Marshals Office.  The Providence Fire Marshals Office is hereby authorized to grant the Applicant sufficient time to install the above sprinkler coverage.
	
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)].