The above-captioned case was scheduled for hearing on June 2, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Jackson, Preiss, Walker, Jasparro, Blackburn, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton and Michael Morin of the Woonsocket Fire Marshals Office and Chief of Inspections Scott Caron of the State Fire Marshal's Office.  A motion was made by Commissioner Richard and seconded by Vice Chairman 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 revised March 26, 2008 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the North Providence Fire Marshal's Office and the State Fire Marshals Office during the June 2, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the revised March 26, 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.  During the June 2, 2009 hearing on this matter, the Board was advised that the Rainbow Station was underground with a small side window.  However, the Board was further advised that the classroom had two (2) means of egress which lead to a common corridor.  Accordingly, the Board hereby grants a variance in order to allow the applicant to separate the corridor with a smoke barrier at the direction and to the satisfaction of the State Fire Marshal's office in order to provide separate egress from the Rainbow Station.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing window height above the finished floor within the Henny Penny Room and the Circle of Friends Room conditioned upon the Applicants attaching steps below the cited windows at the direction and to the satisfaction of the State Fire Marshal's office in order to allow for more rapid access through the emergency windows.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop plans for the implementation of the above corrections.  The Board hereby grants the Applicant an additional 120 days in order to implement those plans at the direction and to the satisfaction of the State Fire Marshal's office.
	2.  During the June 2, 2009 hearing on this matter, the Board was advised that typically the gymnasium of this facility had thirty (30) or fewer people at any one time.  The Board was further advised that there is no audience or stands within this facility.  Accordingly, the Board hereby grants the Applicant a variance in order to limit the occupancy of the assembly of this facility to 299 people in order to be allowed not to sprinkler the gymnasium.  In addition, the Board directs that the Applicant shall not exceed the above number at any time unless the Applicant is previously granted the permission to do so on a limited basis by the Woonsocket Fire Marshal's office for a special event.  In this case, the Applicant shall comply with any further safeguards deemed necessary by the Woonsocket Fire Marshal's office prior to the implementation of any temporarily increased occupancy.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing the required emergency lighting at the exterior of this facility.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by removing the cited jackets and storage.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by removing the cited storage.

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)].