The above-captioned case was scheduled for hearing on March 3, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Pearson, Jasparro, Dias and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal Glenn Bathgate of the Cranston Fire Marshals Office.  A motion was made by Vice Chairman Newbrook 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 an October 2, 2008 inspection report compiled by the Cranston Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshals Office during the March 3, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the October 2, 2008 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.  The Board hereby grants the Applicant a time variance until September 1, 2010 in which to upgrade the fire alarm system in this facility at the direction and to the satisfaction of the Cranston Fire Marshal's office.  The Board further authorizes the Cranston Fire Marshal to extend the above deadline for good faith efforts being shown by the Applicant.
	2.  During the March 3, 2009 hearing on this matter, the Board was advised that the Applicant would provide the requested windows for rescue within this facility.  Accordingly, the Board hereby grants the Applicant a time variance until September 1, 2010 in which to install the windows for rescue deemed necessary by the Cranston Fire Marshal's office in the upper levels of this facility.  The Board notes that the Cranston Fire Marshal's office has determined that there is appropriate access and egress on the basement level of this facility as to not require windows for rescue.  Accordingly, the Board shall relieve the Applicant of the requirement for windows for rescue on the basement level pursuant to the recommendation of the Cranston Fire Marshal's office.  Finally, the Cranston Fire Marshal shall have the authority to extend the above deadline for good faith efforts being shown by the Applicant.
	3.  The Board hereby grants the Applicant a time variance until September 1, 2010 in order to provide the cited classrooms with approved egress doors maintaining an approximate fire rating of  hour and spring-loaded hinges installed at the direction and to the satisfaction of the Cranston Fire Marshal's office.  Again, the Board hereby authorizes the Cranston Fire Marshal's office to extend the above deadline for good faith efforts being shown by the Applicant.
	4.  The Board hereby grants a variance from the provisions of section 15.3.5.1 in order to allow the Applicant to provide the basement of this facility with approved domestically supplied sprinkler heads covering the means of egress at the direction and to the satisfaction of the Cranston Fire Marshal's office.  The above domestically supplied system shall be tied into the fire alarm system at the direction and to the satisfaction of the Cranston Fire Marshal's office, utilizing any methods deemed necessary by that office for the tie-in.  The Applicant is hereby granted a time variance until September 1, 2010 in order to provide this domestically supplied engineered system of sprinkler heads in the basement of this facility.  Finally, as outlined above, the Board hereby authorizes the Cranston Fire Marshal's office to extend the above deadline for good faith efforts being shown by the Applicant.

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)].