The above-captioned cases were scheduled for hearing on March 29, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Walker, Jasparro, Dias and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Lisa Krapf of the Providence Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.  This decision has been amended to note the correct file numbers associated with the hearings for these facilities.

FINDINGS OF FACT
	Based upon the testimony taken and the documentation submitted, the Board makes the following findings of fact.  The Board finds that the above captioned high schools were subject to a major renovation during which emergency rescue windows were installed.  The Board further finds that as part of the renovations, new cabinets and countertops had been provided in the science rooms being renovated and that the countertops on the new cabinets are thirty-four inches above floor level and thirty inches wide.  The Board further finds that when the new windows were installed, the countertops were placed at the height of the windowsills and that the countertops are tight to the sill.  The Board further finds that the continuous countertops have been installed the entire length of the walls in front of all of the exterior windows.  The Board further finds that this affects seven (7) windows in the classrooms in Hope High School and five (5) windows in the classrooms in Mount Pleasant High School.
	While the Applicant has indicated that he is not clear as to whether this is actually a deficiency of the code, the Providence Fire Marshals Office has advised the Board that the Office wishes to maintain assurances that these areas will not be blocked.
	Specifically, the Board finds that the Applicant and the Fire Marshals Office have agreed that any gas jet cocks in the countertops within five (5) feet of the rescue windows will be removed.  The Board further finds that the general contractor and architect have agreed to do this in all of the affected areas of windows designated in each room as a rescue window.  The Board further finds that the parties have agreed that the drawers in the cabinets directly under the windows will be made inoperable so that they cannot be left open obstructing the path of the windows.  The Board further finds that a sign will be placed on the rescue windows in each room, designating that specific window.  The Board further finds that the parties have agreed that the signs will be developed by the general contractor and reviewed and approved by the Providence Fire Marshals Office.  Finally, the Board finds that during the March 29, 2011 hearing on this matter, additional adjustments were made to the above determinations of the parties.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the Applicants placement of counters in front of the cited rescue windows with the following conditions.  Any adjacent gas cocks in the countertops within five (5) feet of the rescue windows shall be removed, at the direction and to the satisfaction of the Providence Fire Marshals Office.  The drawers in the cabinets directly below the windows shall either be made inoperable so that they cannot be left open or locked in the closed position with the classroom teacher maintaining a key for access.  The Board further directs the Applicant to provide signage on each rescue window designating that specific window.  Further, it is the understanding of the Board that the Providence Fire Marshals Office will ensure that the children will be able to utilize these exits and that the Applicant shall secure a letter from the Superintendent of Schools to verify the understanding of the parties that the above conditions shall be met and that the windows shall be maintained free of obstructions at all times.

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)].