The above-captioned case was scheduled for hearing on August 29, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Pearson and Filippi were present.  Commissioner Preiss recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Arthur DaCosta of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn 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 May 15, 2006 inspection 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 August 29, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the May 15, 2006 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 or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 at the direction and to the satisfaction of the State Fire Marshal's office.
	2.  During the August 29, 2006 hearing on this matter, the Board was advised by the parties that the nine (9) classrooms within this facility lacked proper sized windows for rescue.  The Board was further advised that bars were located on the windows.  However, these bars were unlocked every morning and swung out.  The Board was further advised that all other deficiencies within this facility have been corrected to the satisfaction of the State Fire Marshal's office.  In light of the good faith efforts made by the Applicant to correct the remaining deficiencies, the Board hereby grants the Applicant a time variance until the commencement of the 2007-2008 academic year in which to provide the classrooms with properly sized windows for rescue or to provide sprinkler coverage within this facility or to provide doors between the classroom to properly segregated corridors utilizing proper fire doors and partitions, at the direction and to the satisfaction of the State Fire Marshal's office.  The Board hereby grants the State Fire Marshal's office the authority to extend the above deadline if that office is satisfied that good faith efforts are being made by the Applicant to comply with the above plan of action.
	3-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 3, 4 and 5 at the direction and to the satisfaction of the State Fire Marshal's 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)].