The above-captioned case was scheduled for hearing on November 8, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Pearson, Burlingame and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Lynch of the Portsmouth Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Burlingame 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 July 6, 2004 inspection report compiled by the Portsmouth Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Portsmouth Fire Marshals Office during the November 8, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the July 6, 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, 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
Main Building
	1.  The Board hereby grants a variance from the provisions of section 7.2.1.4.2 in order to allow the Applicant to maintain the existing swing of the main entry doors to this facility.  In granting this variance, the Board notes that the cited main entry doors are large oak doors that had been previously granted a variance to maintain their existing swing.  It is the further understanding of the Board that the area served by these doors has alternative egress and that the Portsmouth Fire Marshals office has no objection.
	2.  The Board hereby grants a variance from the provisions of section 15.3.6 and its referenced standards in order to allow the Applicant to maintain the existing double doors in the middle of the Chapel of this facility.  In granting this variance, the Board notes that these are thick doors with a tight seal and that they would provide adequate separation in the opinion of the Portsmouth Fire Marshals office.

Middle School Building
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing the cited doors with approved self-closers during the renovation of this facility.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing all of the exit signs of this facility with approved battery back-up at the direction and to the satisfaction of the Portsmouth Fire Marshals office.

St. Josephs Building
	1.  During the November 8, 2005 hearing on this matter, the Board was advised and finds that the room utilizing the door across from the boiler room will be vacated and not in use.  Accordingly, the Board has determined that this issue is moot because the building is now empty.

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)].