The above-captioned case was scheduled for hearing on September 16, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Blackburn, Richard, Preiss, Jasparro, Walker, Pearson, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Lisa Krapf and Raymond Pacheco of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Richard 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 June 10, 2008 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the September 16, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the June 10, 2008 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4 and 5 at the direction and to the satisfaction of the Providence Fire Marshal's Office.
	6.  During the hearing, the Applicant was granted relief in order to provide two (2) domestic heads at the entrance of the office area of this facility.  The Applicant further requested time in order to replace the stair doors with approved B labeled doors.  In addition, the Applicant was directed to remove the contents of the storage closets within the egress system and to lock those doors with a sign at the direction and to the satisfaction of the Providence Fire Marshal's Office.  Finally, the Board granted a variance in order to allow the Applicant to maintain the existing elevator within the stairwell of this facility on the basis of structural hardship.  In light of the above, the Board hereby grants the Applicant a time variance to correct the remaining deficiencies of item 6 outlined above until the September 2009 commencement of the 2009-2010 academic year.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by removing the cited storage and miscellaneous items.
	8.  Please see item 6 above.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by removing the cited double-key locks.
	10.  The Board hereby grants the Applicant a time variance until the September 2009 commencement of the 2009-2010 academic year in which to correct deficiency 10.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 to the satisfaction of the Providence Fire Marshal's Office.
	12.  The Board hereby grants the Applicant a time variance in order to correct deficiency 12 prior to the September 2009 commencement of the 2009-2010 academic year.
	13.  The Board hereby grants the Applicant a variance in order to establish a platform to step up to the cited rescue windows.  The Board further grants the applicant a time variance of six (6) months from the date of this decision in order to develop a plan of action to address the size of the windows, at the direction and to the satisfaction of the Providence Fire Marshal's Office.  The Board hereby leaves the file open to allow the Applicant and the Providence Fire Marshal's office to work on the plan of action and to return if necessary, within six (6) months of the date of this decision if further relief is deemed necessary.  If not, the Applicant is directed to correct this deficiency by the September 2009 commencement of the 2009-2010 academic year.
	14.  The Board hereby directs the applicant to correct deficiency 14, at the direction and to the satisfaction of the Providence Fire Marshal's office by properly sealing the louvers in the janitors closet doors prior to the September 2009 commencement of the 2009-2010 academic year.
	15.  The Board hereby directs the Applicant to correct deficiency 15 at the direction and to the satisfaction of the Providence Fire Marshal's Office by the September 2009 commencement of the 2009-2010 academic year.
	16.  The Board hereby grants a variance in order to allow the lower level of this facility to be maintained as the level of exit discharge.
	17-18.  It is the understanding of the Board that the Applicant has corrected deficiencies 17 and 18.

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)].