The above-captioned case was scheduled for hearing on November 28, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, O'Connell, Newbrook, Richard, Fang, Filippi and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Waterman of the Smithfield Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook 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 July 12, 1999 inspection report complied by the Smithfield Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Smithfield Fire Marshal’s Office during the November 28, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the July 12, 1999 inspection report as its initial findings of fact.  Any modification of the Board’s 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. The Board hereby grants a variance from the provisions of section 23-28.17-5(b) in order to allow the Applicant to provide the cited classroom doors with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Smithfield Fire Marshal, within 120 days of the date of this decision.

2. The Board hereby grants a variance from the provisions of section 23-28.17-5(b) in order to allow the Applicant to provide the cited second floor office doors with approved a spring-loaded hinges, installed at the direction and to the satisfaction of the Smithfield Fire Marshal, within 120 days of the date of this decision.

3. The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with approved exit signs at the bottom of the basement stairs, at the first floor north and south rear doorways, and at the first floor south side doorway.  The above exit signs shall be installed, at the direction and to the satisfaction of the Smithfield Fire Marshal, in accordance with the provisions of section 23-28.17-10, within 120 days of the date of this decision.

4. The Board hereby directs the Applicant to correct deficiency 4, by providing this facility with approved emergency lighting, throughout the basement, first floor and second floor levels, in the north and south stairways, and the outside of the building at all exits.  The above emergency lighting shall be installed, at the direction and to the satisfaction of the Smithfield Fire Marshal, in accordance with the provisions of section 23-28.17-11, within 120 days the date of this decision. 

5. It is the understanding of the Board that the Applicant has corrected deficiency 5, at the direction and to the satisfaction of the Smithfield Fire Marshal, by providing this facility with approved fire extinguisher signs.  

6. There was no item No. 6 on the July 12, 1999 report reviewed by the Board.

7. The Board hereby grants a variance from the provisions of section 23-28.25-4 in order to allow the Applicant not to provide the cited areas with heat detection devices.  In granting this variance, the Board directs the Applicant to provide the cited first and second floor offices, and the first and second floor ladies bathrooms with approved smoke detectors, installed at the direction and to the satisfaction of the Smithfield Fire Marshal or designee, within 120 days of the date of this decision.

8. The Board hereby grants a variance from the provisions of section 23-28.25-4 in order to allow the Applicant not to provide smoke detectors in the north and south ends of the first floor stairway.  The Board hereby directs the Applicant to correct the remainder of deficiency 8 by providing approved smoke detectors in the first and second floor hallways and in the north and south end of the second floor stairway.

9. The Board hereby grants a variance from the provisions of section 23-28.25-5(b) as it relates to the height of the manual pull stations in this facility.  Accordingly, the Applicant may maintain the current location of the manual pull stations.

10. It is the understanding of the Board that the Applicant has corrected deficiency 10, by removing the cited bulletin boards, at the direction and to the satisfaction of the Smithfield Fire Marshal.

11. The Board hereby directs the Applicant to correct deficiency the 11, by repairing and properly maintaining the standpipe system of this facility, at the direction and to the satisfaction of the Smithfield Fire Marshal, within 120 days of the date of this decision.

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 Applicant’s 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 Board’s 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 Board’s 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)].