The above-captioned case was originally scheduled for hearing on April 3, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Preiss, O'Connell, Blackburn and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Anthony Cunha of the East Providence Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous. 
The Applicant subsequently requested that the Board amend the original Decision to allow for an alternative plan of action given the space limitations of the facility.  This request was reviewed by a Subcommittee of the Board that conducted an onsite inspection on January 23, 2008.  The Subcommittee recommended amendments, outlined below, were presented to the full Board on January 29, 2008 and approved unanimously pursuant to a motion by Vice Chairman Newbrook and second by Commissioner Filippi.  
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 18, 2004 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the April 3, 2007 hearing on this matter and again during the January 23, 2008 onsite review by the Subcommittee.  Accordingly, the Board hereby incorporates the August 18, 2004 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.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the existing classroom doorways of the second floor classrooms of this facility with approved B-Labeled fire door assemblies equipped with closures and installed at the direction and to the satisfaction of the East Providence Fire Marshals Office.  The Board further grants relief in order to allow the Applicant to maintain the existing swing of the cited doors into the classrooms. The Applicant shall have a time variance of 120 days from the date of this Amended Decision. 
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing the doors that open into the egress stairway with self-closing devices.
	3.  The Board hereby grants the Applicant a time variance of 120 days from the date of this Amended Decision in order to correct deficiency 3 by providing the approved B label doors and assemblies, as outlined in item 1 above, in the classroom doorways, at the top of the cited egress stairs from the second floor, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  In addition, the Board directs the Applicant to provide an additional smoke detector at the base of the stairway serving the second level of this facility, at the direction and to the satisfaction of the East Providence Fire Marshals Office.   
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 at the direction and to the satisfaction of the East Providence Fire Marshals Office.

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 Subcommittee Recommendation to the full Board, within thirty (30) days of the mailing date of this Decision. Such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].