The above-captioned case was scheduled for hearing on November 24, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Walker, Blackburn, Richard, Dias and Pearson were present.  Commissioner Preiss recused himself from consideration of this case.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshal's Office and Assistant Deputy State Fire Marshal Lisa Krapf of the Providence Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  After a series of modifications to the original motion, it passed unanimously.
FINDINGS OF FACT
The numbers of the Decision below correspond with those of an October 23, 2009 punch-list generated during a compliance inspection of this facility by the Providence Fire Marshals Office.  The October 23, 2009 punch-list was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the November 24, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the October 23, 2009 punch-list 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.  During the November 24, 2009 hearing on this matter, the Board was advised that the Applicant apparently grounded the electrical services within this facility to the sprinkler system.  The Board was advised by the Applicant that there was no structural steel within this building and that the electrical inspector had approved this grounding.  The Chief of Inspections of the State Fire Marshal's office advised the Board and the Applicant that the grounding would be a violation of NFPA 13 and that it may also not comply with the electrical code based on the fact that the sprinkler pipe is insulated in certain areas and that the water is occasionally drained from the lines.  Both of these factors bring into question the effectiveness of the electrical grounding.  In light of the above, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop a plan for the correction of deficiency 1 that would be in full compliance with both the national electrical code and the provisions of NFPA 13 which are the national sprinkler code requirements.  The Board further grants the Applicant an additional 120 days from the thirty-day deadline in which to implement the plan of compliance so that the sprinkler system would fully comply with NFPA 13.  
	2.  During the November 24, 2009 hearing on this matter, the Board was advised that the Applicant had originally installed sprinkler coverage throughout this facility but the elevator inspector had requested that certain sprinkler heads in the elevator machine room and shaft be blanked off.  In light of the apparent conflict between the codes, it was the recommendation of Commissioner Blackburn that the Applicant be granted sufficient time in which to address this sprinkler coverage issue.  Accordingly, the Board hereby grants the Applicant a period of thirty (30) days from the date of this decision in which to develop a plan for bringing the elevator machine room and shaft into compliance with the sprinkler coverage provisions of the code.  The Board further grants the Applicant an additional 120 days from the above thirty-day deadline in which to implement the above plan.
	3.  During the November 24, 2009 hearing on this matter, the Board and the Applicant were tentatively considering the application of the time period outlined in items 1 and 2 for the remaining items to be corrected.  However, upon the conclusion of the review of the remaining items, Assistant Deputy State Fire Marshal Krapf advised the Board that she was concerned about the proposed time line and the fact that the facility was still operating under a temporary certificate of occupancy.  At that time, the Applicant, Mr. Sepe, advised the Board that he would comply with the remaining items during Christmas vacation so that the remaining items would be completed on or before January 1, 2010.  In light of Mr. Sepes agreement to substantially reduce the originally proposed timeline for the remaining items, the Board hereby adopts the Applicants proposed timeline for the remaining items.
	Accordingly, with regard to item 3, the Board directs the Applicant to correct deficiency 3 by either removing the closet doors or bringing the classroom storage closets into full compliance with the code on or before January 1, 2010.  
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing the fitness room doors with proper hardware on or before January 1, 2010.
	5.  During the November 24, 2009 hearing, the Board was advised by the Applicants representative that item 5 had been corrected.  Accordingly, the Board directs the Applicant to provide the Providence Fire Marshal's office with an approved engineers report confirming the Applicants correction of deficiency 5.
	6.  The Board hereby grants the Applicant a time variance until January 1, 2010 in which to correct deficiency 6 by providing the missing handrails.
	7.  The Board hereby grants the Applicant a time variance until January 1, 2010 in which to correct deficiency 7 by properly labeling the fire dampers at the direction and to the satisfaction of the Providence Fire Marshal's office in accordance with the cited code.
	8.  The Board hereby grants the Applicant a time variance until January 1, 2010 in which to correct deficiency 8 by testing the cited fire dampers in front of the Providence Fire Marshal and making any necessary repairs to the fire damper access panels in order to maintain their effective operation.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 to the satisfaction of the Providence Fire Marshal's office.
	10.  The Board hereby grants the Applicant a time variance until January 1, 2010 in which to correct deficiency 10 by providing the main office door with the required hardware at the direction and to the satisfaction of the Providence Fire Marshal's office.
	11.  The Board hereby grants the Applicant a time variance until January 1, 2010 in which to correct deficiency 11 by removing the cited hold-open devices from the auditorium doors and the main entrance vestibule doors.  
	12.  The Board hereby grants a variance from the provisions of sections 7.1.3.2.1 and 7.2.1.3.1 in order to allow the Applicant to maintain the existing cited storage rooms located off the stair enclosure between the first and second floors of this facility.  In granting this variance, the Board notes that the rooms and the stairway are fully sprinklered and that the Providence Fire Marshal's office has determined that the relief is not unreasonable.
	13.  During the November 24, 2009 hearing on this matter, the Board was advised that the dry pendant sprinkler head had been cleaned of the spray insulation.  The Board further grants the Applicant a time variance until January 1, 2010 in which to relocate the light fixture away from the proximity of the sprinkler head, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	14.  The Board hereby directs the Applicant to correct deficiency 14 by properly identifying the kitchen exhaust clean-out with an approved label, at the direction and to the satisfaction of the Providence Fire Marshal's office, on or before January 1, 2010.
	15.  The Board hereby grants the Applicant a time variance until January 1, 2010 in which to correct deficiency 15 at the direction and to the satisfaction of the  Providence Fire Marshal's office.
	16.  It is the understanding of the Board that the Applicant has corrected deficiency 16.
	17.  The Board hereby grants the Applicant a time variance until January 1, 2010 in which to correct deficiency 17 by providing the required hand rails on the four (4) sets of stairs on the back side of the building, at the direction and to the satisfaction of the Providence Fire Marshal's office.  During the November 24, 2009 hearing on this matter, the Applicant advised the Board that although the stairs were not officially on school property, he would comply.
	18.  The Board hereby grants the Applicant a time variance until January 1, 2010 in which to correct deficiency 18 by providing the proper above ground and below ground materials and test certificates to the Providence Fire Marshal's office to the satisfaction of the Providence Fire Marshal.

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)].