The above-captioned case was originally scheduled for hearing before the full Board. However, at that time, it was determined that the facility should be visited by an onsite subcommittee of the Board. A subcommittee consisting of Commissioner Blackburn, Commissioner Walker and the Executive Director met onsite with the Applicant and East Providence Fire Marshal Anthony Cunha on January 23, 2008. The proposed findings, plan of action, and recommended relief, outlined below were presented to the full board on January 29, 2008 and approved unanimously pursuant to a motion by Vice Chairman Newbrook with a 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 January 23, 2008 onsite subcommittee review of this matter.  Accordingly, the Board hereby incorporates the  August 18, 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.	It is the understanding of the Board that deficiency 1 is moot, and that the subject 
facility does not require a municipally connected fire alarm system, because this facility 
has a total area of nine thousand seven hundred (9,700) square feet  on the first floor and four hundred thirty-two (432) square feet on the second level. Accordingly, the existing upgraded local fire alarm system is acceptable. 
2.	The Board hereby grants a variance from the provisions referenced in item 2 of the August 18, 2004 inspection report, in order to allow the Applicant to provide the second floor classroom and office area with an emergency exit door through the existing fire wall that separates these two areas. 
The Board notes that the emergency exit door would originally be a B-label 90 minute door that would be installed in, or on, the existing two hour fire at the direction and to the satisfaction of the East Providence Fire Marshal and Building Officials Offices. The Board further notes that the above door may be modified in height, in order to accommodate the existing steel I Beam that supports the roof on the second level. 
The purpose of this emergency door is only to provide an emergency access to an alternative escape route from the second level. The Board views the emergency door as being comparable to window access to a fire escape for a very limited group of people.   The emergency door is not being installed as part of the buildings general egress system. As a further condition of this variance, the Applicant is directed to provide additional smoke detection at the base of the stairways leading to the second level of this facility. Finally, the Applicant is directed to remove the folding doors at the base of the stairways leading to the second level. 
The Applicant shall have 120 days, from the date of this Decision, to install the above emergency egress door.
3.	It is the understanding of the Board that the Applicant has corrected deficiency 3 by rating the cited stairway walls. 
4.	It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the cited stairway walls and ceilings with an approved class A finish. 
5.	The Board hereby grants a variance from the provisions of section 39.2.1.1 in order to allow the Applicant to maintain the existing ceiling height of the second floor spaces. This variance is based upon structural hardship and the limited occupancy of these areas. 
6.	The Board hereby grants a variance from the provisions of section 39.2.4 in order to allow the Applicant to utilize the emergency exit, described in section 2 above, as the second means of egress from the second level of this facility. 
7.	It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing the exit signs with approved battery backup. 
8.	It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing this facility with an approved fire department key access box. 


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 approval of the subcommittee recommendation, within thirty (30) days of the mailing date of this Decision, by requesting a review before the full Fire Board.  Such a request does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].