The above-captioned case was scheduled for hearing on March 9, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Filippi, Burlingame and Pearson were present.  Commissioner Coutu recused himself from consideration of this case.  The fire service was represented by Lt. Garvey of the Central Falls Fire Marshal’s Office.  A motion was made by Commissioner Pearson 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 August 4, 2003 inspection report compiled by the Central Falls Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshal’s Office during the March 9, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the August 4, 2003 inspection report as its initial findings of fact.  Any modification of the Board’s 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 the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. It is the understanding of the Board that the Applicant has corrected deficiency #1 by providing this facility with an approved sprinkler wrench and by further providing melt-away ceiling tiles in the new bathrooms of this facility.
	
2. It is the understanding of the Board that the Applicant has corrected deficiency #2 as it relates to the boiler room deficiencies within this facility. 
	
3. It is the understanding of the Board that deficiency #3 is moot.  Specifically, this is a direct egress to grade from the lower level of this facility.
	
4(a). The Board grants a variance from the provisions of section 15.3.3 in order to allow the Applicant to maintain the cited wainscoting on the lower 1/3 of the stair tower walls of this facility.  The above variance is based upon the Applicant’s agreement to provide this facility with an approved class A sprinkler system at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office prior to re-occupancy of this facility in the fall of 2004.
	
4(b). The Board hereby grants a variance from the provisions of sections 15.3.3 and 15.3.6 in order to allow the Applicant to maintain the existing wainscoting on the corridor walls and existing panel oak doors to the classrooms of this facility.  In granting this variance, the Board notes that the Applicant shall provide this facility with an approved class A sprinkler system on before student occupancy of this facility in the fall of 2004.
	
4(c). It is the understanding of the Board that the Applicant has corrected deficiency #4(c) at the direction and to the satisfaction of Central Falls Fire Marshal’s Office.
	
5. It is the understanding of the Board that the Applicant has corrected a portion of deficiency #5 by removing the portable closets from the stair towers of this facility.  The Board hereby grants a variance in order to allow the Applicant to maintain storage closets within the stair towers provided the storage closets have sprinkler coverage in them at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office.  In the event the closets do not have such sprinkler coverage, they are directed to be sprinklered or removed by the Applicant.  Finally, it is the understanding of the Board that the closets are for the use of teachers only and therefore the closet doors shall be locked to prevent tampering by outside people.
	
6. The Board hereby directs the Applicant to correct deficiency #6 by providing this facility with a full newly upgraded fire alarm system installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office or designee, on or before the commencement of the 2004-2005 academic year.  In the event the Applicant needs more time to comply with the above time frames outlined in this decision, the Applicant may reappear before the Board under the original file number by sending the Board a letter and making such a request.

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 Applicant’s 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 Board’s 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 Board’s 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)].