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, 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 Preiss 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 an October 29, 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 29, 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.(a)(b). The Board hereby directs the Applicant to correct deficiency #1(a)(b) by sealing off all of the unused shafts and removing and sealing off the ceiling fan, at the direction and to the satisfaction of the Pawtucket Fire Marshal, on or before the commencement of the 2004-2005 academic year.
	
2(a). The Board hereby grants a variance from the provisions of section 23-28.12-27 in order to allow the Applicant to maintain the existing height of the cafeteria ceiling in this facility. This variance is based on structural hardship.
	
2(b). It is the understanding of the Board that the Applicant has corrected deficiency #2(b).
	
2(c). It is the understanding of the Board that the Applicant has corrected deficiency #2(c).
	
2(d). It is the understanding of the Board that the Applicant has corrected deficiency #2(d).
	
2(e). The Board hereby directs the Applicant to correct deficiency #2(e) by providing an approved lock box for keys, at the direction and to the satisfaction of the Pawtucket Fire Marshal, on or before the commencement of 2004-2005 academic year.
	
3(a). The Board hereby grants a variance from the provisions of section 23-28.12-29 in order to allow the Applicant to maintain the existing stairway and passageway wall construction.  In granting this variance, the Board directs the Applicant to provide the walls with an approved Class A finish installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, on or before the commencement of the 2004-2005 academic year.
	
3(b). The Board hereby directs the Applicant to correct deficiency #3(b) by either treating or removing the cited drapes, at the direction and to the satisfaction of the Pawtucket Fire Marshal, on or before the commencement of the 2004-2005 academic year.
	
3(c) The Board hereby grants a variance from the provisions of section 23-28.12-29 in order to allow the Applicant to maintain the existing floor carpeting within this facility.  In the event of future replacement of the floor carpeting, the Board directs the Applicant to only replace it with approved certified materials at the direction and to the satisfaction of the Pawtucket Fire Marshal.
	
4(a). The Board hereby directs the Applicant to correct deficiency #4(a) 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). It is the understanding of the Board that the Applicant has corrected deficiency #4(b) at the direction and to the satisfaction of the Pawtucket Fire Marshal.
	
5(a). 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 cited handrails.  This variance is granted on basis of structural hardship.
	
5(b). The Board hereby grants a variance in order to allow the Applicant to maintain the existing closet within the stairway system of this facility.  However, the Board directs that the Applicant shall remove all storage from the closet and further lock the closet at the direction and to the satisfaction of the Pawtucket Fire Marshal, on or before the commencement of the 2004-2005 academic year.  Finally, the Board directs the Applicant not to utilize these closets for any storage in the future.
	
6. The Board hereby directs the Applicant to correct deficiency #6 by either certifying the drapes and scenery or removing them at the direction and to the satisfaction of the Pawtucket Fire Marshal, prior to the commencement of the 2004-2005 academic year.	
	
7. The Board hereby directs the Applicant to correct deficiency #7 by maintaining the cited emergency lighting at the direction and to the satisfaction of the Pawtucket Fire Marshal or designee, prior to the commencement of the 2004-2005 academic year.
	
8. The Board hereby directs the Applicant to correct deficiency #8 by properly housekeeping this facility, especially in the bookstore area, at the direction and to the satisfaction of the Pawtucket Fire Marshal, on or before the commencement of the 2004-2005 academic year.
	
9. As a condition of the variances granted herein, the Board directs the Applicant not to maintain any open flames cooking within this facility.  Specifically, the Applicant shall only utilize the kitchen of this facility to reheat previously cooked food.

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)].