The above-captioned cases were scheduled for hearing on February 2, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Jasparro, Pearson, Dias and Filippi were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Pearson and 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 a January 15, 2010 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the February 2, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the January 15, 2010 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance in order to correct deficiency 1 by upgrading the sprinkler system within this facility at the direction and to the satisfaction of the State Fire Marshal's office on or before December 31, 2010, or the actual commencement of classes in January of 20101.  The Board further directs the Applicant to provide the State Fire Marshal's office with plans for the above sprinkler upgrade within ninety (90) days of the date of this decision.  Accordingly, the Applicant shall be allowed to maintain this occupancy in accordance with the above plan of action.
	2.  The Board hereby grants a variance from the provisions of sections 17.2.2.2.1 and 7.2.1.7.2 in order to allow the Applicant to maintain the existing fire rated door and hardware located at the top of the stairway separating the first floor from the second floor of this facility.  As a condition of this variance, the Board directs the Applicant to disable or remove the key lock on this door at the direction and to the satisfaction of the State Fire Marshal's office. 
	3-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 3 and 4 at the direction and to the satisfaction of the State Fire Marshal's office.
	5.  The Board hereby grants a variance from the provisions of section 17.2.2.3.1 and 7.2.2.1 in order to allow the Applicant to maintain the existing cited clear width of the stairwell leading from the first floor to the basement of this facility on the basis of structural hardship.  In granting this relief, the Board also notes that the Applicant shall upgrade the sprinkler system of this facility.
	6.  The Board hereby grants a variance from the provisions of section 17.2.2.3.1 and 7.2.2.2.4.3 in order to allow the Applicant to maintain the cited winding stairs within the staircases of this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the State Fire Marshal's office has no objection in light of the Applicant's agreement to upgrade the sprinkler system of this facility.
	7-10.  It is the understanding of the Board that the Applicant has corrected deficiencies 7, 8, 9 and 10 at the direction and to the satisfaction of the State Fire Marshal's office.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by either replacing the cited windows or fully sprinklering the first floor of this facility, at the direction and to the satisfaction of the State Fire Marshal's office.  The above correction shall be within a timetable established by the State Fire Marshal's office.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 at the direction and to the satisfaction of the State Fire Marshal's office.
	13.  The Board hereby directs the Applicant to correct deficiency 13 by either providing the cited corridor wall with approved 1  fire resistant rating or sprinklering this area, at the direction and to the satisfaction of the State Fire Marshal's office.
	14.  During the February 2, 2010 hearing on this matter, the Board was advised and finds that the Applicant maintains a residential stove in the basement level of this facility which the Applicant has testified is limited to only warming or reheating food, and thereby not creating grease laden vapors.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to continue the above limited use of this residential stove with the existing hood system.  In granting this variance, it is the understanding of the Board that the State Fire Marshal's office has no objection to this relief with the above limitations.
	15-21.  It is the understanding of the Board that the Applicant has corrected deficiencies 15, 16, 17, 18, 19, 20 and 21.

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)].