The above-captioned case was scheduled for hearing on February 6, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Newbrook, Preiss, Pearson, Filippi, OConnell and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Potter of the Warwick Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous. 
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FINDINGS OF FACT
The numbers of the Decision below correspond with those of a December 18, 2004 inspection report compiled by the Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the February 6, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the December 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.	During the February 6, 2007 hearing on this matter, the Board was advised that the Applicant would correct deficiency 1.  The Board was further advised that the Applicant has provided approved fire doors and has requested time to correct the remainder of the deficiency.  Accordingly, the Board hereby directs the Applicant to correct the remainder of the deficiencies outlined in item 1, at the direction and to the satisfaction of the Warwick Fire Marshals Office, within 120 days of the date of this Decision.
2.	The Board hereby directs the Applicant to correct deficiency 2, by providing this facility with rescue windows approved by the Warwick Fire Marshals Office, within 120 days of the date of this Decision.
3.	The Board hereby grants a variance in order to allow the Applicant to maintain a second means of egress approved by the Warwick Fire Marshals Office.  Once the Warwick Fire Marshals Office is satisfied with the second remote means of egress, the Board shall be satisfied.
4.	It is the understanding of the Board that the Applicant has corrected deficiency 4, by providing this facility with approved emergency lighting.
5.	It is the understanding of the Board that the Applicant has corrected deficiency 5, by correcting the penetration to the ceiling and walls of this facility.
6.	It is the understanding of the Board that the Applicant has corrected deficiency 6, by removing the old curtains in Judson Hall.  The Board hereby directs the Applicant to provide the Warwick Fire Marshals Office with certification on any replacement curtains to be installed in the future.

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)].