The above-captioned case was originally scheduled for hearing on July 26, 2005 at 1:00 P.M.  At that time, it was determined to have a subcommittee of the Board review the facility during an on-site visit.  Accordingly, an on-site visit was conducted on August 30, 2005 at 9:30 A.M.  A follow-up hearing to this matter was conducted on August 30, 2005 at 1:00 P.M.  At that time Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Preiss, Filippi and Newbrook were present.  Commissioners Burlingame and Blackburn recused themselves from consideration of this case.  The fire service was represented by Chief of Inspections William Howe of the State Fire Marshals office along with Assistant Deputy State Fire Marshals Denis Larocque, David Pastore and John Peiczarck of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner 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 an April 4, 2005 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the on-site meeting and the August 30, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the April 4, 2005 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal.

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 an approved two-hour fire resistant assembly between the kindergarten and the church above.  Once the Applicant provides this two-hour assembly, and any additional detection devices deemed necessary by the West Warwick Fire Marshals office (see item 18) the Applicant may re-occupy the educational portion of this facility.
	2.  The Board hereby grants a variance from the provisions of Chapter 15.2.1.1 and Chapter 7 Section 15.2 in order to allow the Applicant to maintain the existing ceiling height of the exit stairs leading to the basement and the second exit.  The Board notes that the Applicant shall correct the ceiling height of the basement once he removes the basement ceiling and provides an approved two-hour assembly.  (See item 1 above.)
	3.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 3 by providing the cited doors with approved self-closing devices, installed at the direction and to the satisfaction of the West Warwick Fire Marshals office.
	4.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing stair dimensions within this facility on the basis of structural hardship.
	5.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing corridor dimensions, on the basis of structural hardship.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 and has provided the required No Exit sign.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing a layer of 5/8 sheetrock, at the direction and to the satisfaction of the West Warwick Fire Marshal, in the main exitway of the building.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing this facility with approved exit discharge lighting, at the direction and to the satisfaction of the West Warwick Fire Marshals office within 120 days of the date of this decision.
	9.  The Board hereby directs the Applicant to correct deficiency 9 by providing the cited stairs leading to the basement and the rear exit with approved emergency lighting, installed at the direction and to the satisfaction of the West Warwick Fire Marshals office within 120 days of the date of this decision.
	10.  During the hearing on this matter, the Board was advised that the Applicant would correct deficiency 10 by utilizing an adjoining classroom, with proper exit signage, as the emergency means of egress in accordance with the provisions of section 15.2.11.2(5).  The Board hereby directs the Applicant to make this correction within 120 days of the date of this decision.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by providing the storage room and boiler room with an approved one-hour fire resistant rating at the direction and to the satisfaction of the West Warwick Fire Marshals office within 120 days of the date of this decision.
	12.  The Board hereby directs the Applicant to correct deficiency 12 by removing the cited ceiling at the direction and to the satisfaction of the West Warwick Fire Marshals office within 120 days of the date of this decision.
	13.  During the August 30, 2005 on-site and hearing, it was noted that the Applicants school opened directly to grade while the first floor church occupancy steps down to grade.  Accordingly, the Board shall allow this school to be considered at the level of exit discharge, provided the Applicant install and maintain an approved sidewalk leading from the level of exit discharge door to an approved area of refuge, at the direction and to the satisfaction of the West Warwick Fire Marshals office.  The Board further directs the Applicant to properly maintain the level of exit discharge walkway free of ice and snow during all periods of classroom occupancy.
	14.  The Board hereby directs the Applicant to correct deficiency 14 by providing the corridor walls with an approved minimum one-hour fire resistance rating at the direction and to the satisfaction of the West Warwick Fire Marshals office within 120 days of the date of this decision.
	15.  The Board hereby directs the Applicant to correct deficiency 15 by providing the classroom doors and storage room doors entering the corridor with an approved twenty-minute fire resistance rating, at the direction and to the satisfaction of the West Warwick Fire Marshals office, within 120 days of the date of this decision.
	16.  It is the understanding of the Board that the Applicant has corrected deficiency 16 by providing the West Warwick Fire Marshals office with an emergency plan for this facility.
	17.  It is the understanding of the Board that the Applicant has corrected deficiency 17 by maintaining the proper levels and percentages of artwork on the walls of this facility.
	18.  The Board hereby directs the Applicant to upgrade the fire alarm system of this facility at the direction and to the satisfaction of the West Warwick 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 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)].