The above-captioned case was scheduled for hearing on February 10, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Howe of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Filippi 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 October 27, 2003 inspection  report compiled by the Pawtucket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshal’s Office during the February 10, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the October 27, 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. The Board hereby directs the Applicant to correct deficiency #1 by sealing the penetration in the wall and ceiling of the boiler room, at the direction and to the satisfaction of the Pawtucket Fire Marshal, on or before the commencement of 2004-2005 academic school year.
	
2(a). The Board hereby directs the Applicant to immediately correct deficiency #2(a) by removing the storage and the cited storage racks from the current position close to the sprinkler heads. 
	
2(b). It is the understanding of the Board that the Applicant has corrected deficiency #2(b) by removing the cited combustible products in the basement of this facility.
	
3(a). It is the understanding of the Board that the Applicant has corrected deficiency #3(a) by removing the cited combustible products from the corridors and the egress passageways of this facility.
	
3(b). The Board hereby directs the Applicant to correct deficiency #3(b) by providing an approved Class A finish on the cited paneling and wainscoting within the egress system of this facility, at the direction and to the satisfaction of the Pawtucket Fire Marshal, prior to the commencement of the 2004-2005 academic year.  The Board hereby grants a variance in order to allow the Applicant to maintain the cited carpeting.  However, upon replacement the carpeting shall be replaced with approved products.
	
3(c). The Board hereby directs the Applicant to correct deficiency #3(c) by providing an approved Class A finish, in those cited areas, at the direction and to the satisfaction of the Pawtucket Fire Marshal, prior to the commencement of the 2004-2005 academic year.
	
4(a). The Board hereby directs the Applicant to correct deficiency #4(a) by re-swinging the cited doors at the direction and to the satisfaction of the Pawtucket Fire Marshal, on or before the commencement of the 2004-2005 academic year.
	
4(b). The Board hereby directs the Applicant to correct deficiency #4(b) by providing the cited doors with an approved panic hardware and auto closure at the direction and to the satisfaction of the Pawtucket Fire Marshal.
	
4(c) The Board hereby directs the Applicant to correct deficiency #4(c) by providing the existing classroom door jambs of this facility with approved solid core wood doors, at the direction and to the satisfaction of the Pawtucket Fire Marshal, on or before the commencement of the 2004-2005 academic year.
	
5(a),(b),(c),(d) and (e). The Board hereby grants a variance from the provisions of section 23-28.12-31 in order to allow the Applicant to maintain the existing interior stairs that do not lead directly to the outside and to further maintain the existing passageways rating.  The Board further grants a variance in order to allow the Applicant to maintain the existing height and width of the cited stairs and to maintain the storage closet areas provided all storage is removed and they are locked down at the direction and to the satisfaction of the Pawtucket Fire Marshal.  The Board further grants a variance to allow the Applicant to maintain the existing handrails within the stairs. However, if the handrails are modified in the future they shall be modified at the direction and to the satisfaction of the Pawtucket Fire Marshal.  Above variances are based on structural hardship in light of the Applicant’s fire alarm and sprinkler system within this facility.
	
6(a)(b). The Board hereby grants a variance from the provisions of section 23-28.12-32 in order to allow the Applicant to maintain an approved enclosure at either the top or the bottom of the cited stairs. The above enclosure shall be further equipped with self closing devices and installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, on or before the commencement of the 2004-2005 school year.  The above variance for the corridor stairs and the basement stair is granted on the basis of the Applicant maintaining the sprinkler and fire alarm system within this facility.
	
7. The Board hereby directs the Applicant to either correct deficiency #7 or remove the cited drapes or scenery at the direction and to the satisfaction of the Pawtucket Fire Marshal, on or before the commencement of the 2004-2005 academic school year.
	
8. The Board hereby directs the Applicant to correct deficiency #8 by upgrading the fire alarm system of this facility at the direction and to the satisfaction of the Pawtucket Fire Marshal or designee, on or before the commencement of the 2004-2005 academic year.
	
9. The Board hereby directs the Applicant to correct deficiency #9 by maintaining the emergency lighting in this facility at the direction and to the satisfaction of the Pawtucket Fire Marshal or designee, on or before the commencement of the 2004-2005 academic year.
	
10. The Board hereby directs the applicant to correct deficiency #10 by properly housekeeping the basement of the facility before re-occupancy of this facility.	
	
11. The Board hereby directs the Applicant to correct deficiency #11 by providing this facility with approved fire extinguishers, at the direction and to the satisfaction of the Pawtucket Fire Marshal, within fifteen (15) days of the date of this decision.
	
12. During the February 10, 2004 hearing on this matter, the Board authorized the Applicant to maintain a single master box to cover both of the buildings in this complex.

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)].