The above-captioned case was scheduled for hearing on April 21, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Jackson, Preiss, Filippi, Walker, Dias and Pearson were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State 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 February 11, 2008 report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the April 21, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the February 11, 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 
	1-4.  During the April 21, 2009 hearing, the Board was advised that this facility maintains approximately fifty-three (53) students and forty-seven (47) staff members with almost a one-to-one ratio.  The Board was further advised that the facility is 100 sprinklered and that fire drills last for approximately 2 minutes.  The Board hereby grants the Applicant a time variance of thirty (30) days in which to submit plans to the State Fire Marshal's office and an additional 120 days in which to implement those plans for the correction of deficiencies 1, 2, 3 and 4.  The Board notes that the majority of this work must be done prior to the return of the students in September of 2009 at the direction and to the satisfaction of the State Fire Marshal's office.  
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5.
	6.  The Board hereby grants a variance from the provisions of sections 15.2.2.3.1 and 7.2.2.4.1.2 in order to allow the Applicant to maintain the existing handrails on the cited interior stairs.  The Board notes that the State Fire Marshal's office has no objection in light of the fact that many of the users of these stairs receive special assistance.
	7.  The Board hereby grants a variance from the provisions of sections 15.2.2.3.1 and 7.2.2.5.1 and 7.1.3.2.1 in order to allow the Applicant to maintain the existing construction and rating of the stairway walls in conjunction with sprinkler coverage throughout this facility.  
	8.  The Board hereby grants the Applicant a time variance of thirty (30) days in which to develop a plan for the correction of deficiency 8 and an additional 120 days for the implementation of that plan, at the direction and to the satisfaction of the State Fire Marshal's office.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9.
	10.  During the hearing, the Board was advised that the Applicant would remove the lockers in several of the stair towers within this facility.  The Board hereby grants a variance from the provisions of section 15.2.2.3.1 and 7.2.2.5.3 in order to allow the west rear tower and east second floor tower to maintain the metal storage lockers.  However, the Board directs the Applicant to remove the remaining lockers, at the direction, to the satisfaction and within a timetable established by the State Fire Marshal's office.
	11.  The Board hereby grants a variance from the provisions of section 15.2.3.2 in order to allow the Applicant to maintain the cited clearance leading to the fire escape stairs on the north east side of the building.
	12.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing fire escape as a means of egress from this facility provided the Applicant secures the approval and certification of either the local building inspector or a licensed engineer as to the integrity of the fire escape system.
	13.  The Board hereby directs the Applicant to correct deficiency 13 as part of the fire alarm package for this facility.
	14.  The Board hereby grants a variance in order to maintain the bathroom with a washer and dryer in light of the Applicants sprinkler coverage.  The Board directs the Applicant to block off the transom in this area at the direction and to the satisfaction of the State Fire Marshal's office.
	15-16.  The Board hereby directs the Applicant to correct deficiencies 15 and 16 by providing the State Fire Marshal's office with a plan of action within thirty (30) days of the date of this decision and by implementing that plan of action within an additional 120 days.
	17.  It is the understanding of the Board that the Applicant has corrected deficiency 17.
	18.  The Board hereby leaves this file open until all fire code deficiencies have been corrected by the Applicant.
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)].