The above-captioned case was scheduled for hearing on April 17, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Blackburn, Newbrook, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioners Filippi and Newbrook 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 February 7, 2007 plan review disapproval report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the April 17, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the February 7, 2007 plan review disapproval 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 April 17, 2007 hearing on this matter, the Board was advised that the Applicant sought relief from the fire drill provisions of the code.  The relief was based on the fact that the students generally only visit the school on one day for a period of approximately six (6) hours.  The Board was further advised that there is supervised personnel on hand and that the students upon their visits are advised as to the location of the exits.  Accordingly, the Board hereby grants a variance from the provisions of sections 23-28.12.15 and 14.7.2.1, 14.7.2.2 and 14.7.2.3 in order to allow the Applicant not to provide regular fire drills.  However, there is a condition of this variance.  The Board directs the Applicant to maintain supervised personnel with knowledge of the evacuation procedures for the facility and to further advise the students of the exits within this facility.
2.	The Board hereby grants a variance from the provisions of section 13.8.10.5.12 in order for the Applicant not to provide a key operated drill switch on the fire alarm system of this facility for the reasons outlined in item 1 above.
3.	The Board hereby directs the Applicant to correct deficiency 3 in accordance with the Life Safety Code provisions as outlined in section 14.7.1 by providing the Providence Fire Marshals Office with emergency plans in accordance with the provisions of section 4.8.
4.	During the April 17, 2007 hearing on this matter the Board was advised that the Providence Fire Marshals Office sought authorization to approve the issuance of a certificate of temporary occupancy by the Building Official in the City of Providence.  Accordingly, the Board hereby authorizes the Providence Fire Marshal to approve the issuance of a certificate temporary of occupancy or multiple temporary certificates of occupancy if so issued by the Building Official of the City of Providence.

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)].