The above-captioned case was scheduled for hearing on 2/11/2014 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Booth, Walker, Thornton, Jackson, Richard, Blackburn and Burlingame were present.  Also present was Department of Administration Deputy Legal Counsel Peter N. Dennehy.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office and Assistant Deputy State Fire Marshal John Horan of the North Providence Fire Marshals Office.  The Applicant was represented by Mr. James Fuoroli.  A motion was made by Commissioner Walker and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

	This matter was previously before the Board on May 1, 2012 at which time Decision 080366 was issued addressing many of the same issues cited below.  The numbers of the Decision below correspond with those of a 9/13/2013 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State and North Providence Fire Marshals Offices during the 2/11/2014 hearing on this matter.  Accordingly, the Board hereby incorporates the 9/13/2013 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.  [13-1163-VN]  The Board hereby grants a variance to permit the existing carpeting located on the columns in the gym/cafeteria to remain as incidental finish provided that such material is not in excess of ten (10) percent of the aggregate wall and ceiling area of the space.
	2, 4, 6, 9 and 17.  [13-1150-VN], [13-1172-VN], [13-1174-VN], [13-1177-VN] and [13-1153-VN]  The Board hereby reaffirms the previously-granted time relief and grants the Applicant a time variance to correct these deficiencies prior to the commencement of the 2014-2015 academic year in September of 2014, at the direction and to the satisfaction of the State and North Providence Fire Marshals Offices.
	3, 5, 7, 8, 10, 11, 12, 13 and 15.  [13-1159-VN], [13-1173-VN], [13-1175-VN], [13-1176-VN], [13-1178-VN], [13-1179-VN], [13-1180-VN], [13-1181-VN] and [13-1183-VN]  It is the understanding of the Board that deficiencies 3, 5, 7, 8, 10, 11, 12, 13 and 15 have been corrected to the satisfaction of the State and North Providence Fire Marshals Offices.
	14.  [13-1182-VN]  The Board hereby grants the Applicant a time variance to correct this deficiency prior to the commencement of the 2014-2015 academic year in September of 2014, at the direction and to the satisfaction of the State and North Providence Fire Marshals Offices.
	16.  [13-1185-VN]  The Board hereby reaffirms the previously-granted relief and 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.
	In granting the above relief, it is the understanding of the Board that there is no objection by the State or North Providence Fire Marshals Offices.

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)].