The above-captioned facility was originally scheduled for hearing on April 10, 2012 and a Decision in File No 090044 was issued on April 27, 2012 directing the Applicant to return with a plan of action for this facility.  The above-captioned case was subsequently re-scheduled for hearing on August 21, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Burlingame, Jasparro, Walker and Dias were present.  The fire service was represented by Deputy State Fire Marshals Cynthia Dehler and Eric Kiernan of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Walker 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 6, 2012 response to the original inspection report compiled by the Fire Marshals Office.  The above response and underlying report were utilized by the Board, the Applicant and the Fire Marshals Office during the hearing on this matter.  Accordingly, the Board hereby incorporates the response and underlying 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	(11-2478-VN) The Board hereby grants a variance, from the cited deficiency, to allow the Applicant to utilize the intervening doors in rooms 122, 123 and 126 to allow the Applicant to provide access to a single rescue window in room 124, with an approved platform, at the direction and to the satisfaction of the State Fire Marshals Office.  The Applicant is directed to complete this entire project (Items 1 through 7 herein) by the commencement of the 2013 academic year in September of 2013. The Board further grants the State Fire Marshals Office the authority to extend the above deadline for good faith efforts being demonstrated by the Applicant.
2.	(11-2480-VN) The Board hereby grants a variance, from the cited deficiency, to allow the Applicant to install intervening doors, programmed to automatically release with the activation of the fire alarm system, as outlined both above and within the August 6, 2012 response of the Applicant. 
3.	(11-2480-VN) The Board hereby grants a variance, from the cited deficiency, in order to allow the Applicant to install an emergency egress door between rooms 127a and 127 thereby providing access that leads to an external emergency exit, as outlined both above and within the August 6, 2012 response of the Applicant. 
4.	(11-2495-VN) The Board hereby grants a variance, from the cited deficiency, in order to grant the Applicant the above time period to install rescue windows in Rooms 005 and 007 and to further provide Room 008 with a fire exit door, equipped with approved panic hardware, providing for unobstructed access to the outside through the area of the loading dock.  
5.	(11-2480-VN)	 The Board hereby grants the requested variance for the lecture hall, an interior room, not to install windows for rescue due to structural hardship.  As a condition of this relief, the Board directs the Applicant to maintain the three (3) existing egress doors serving this room.  
6.	(11-2482-VN)	The Board hereby grants a variance to allow the Applicant to maintain the existing configuration of the cited ramps, mezzanines and staircase located in the old building.  This variance is granted on the basis of structural hardship.  
7.	(11-2474-VN) During the August 21, 2012 hearing on this matter, the Board was advised that the Applicant would install fire detection wire in the drop ceiling voids that are greater than twenty-four (24) inches. 


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)].