The above-captioned case was scheduled for hearing on March 9, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Filippi, Burlingame and Pearson were present.  Commissioner Coutu recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Captain Dionne of the Central Falls Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Pearson 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 September 18, 2003 inspection report compiled by the Central Falls Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshal’s Office during the March 9, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the September 18, 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 grants the Applicant a time variance in order to extend the sprinkler coverage of this facility with additional sprinkler heads covering the inside of classroom and office doors, in the screen areas on the first floor and in the passageways and storage areas noted in item #2 of the September 18, 2003 inspection report.  Specifically, the Applicant shall have until the commencement of the 2004-2005 academic year to upgrade the sprinkler system to cover all the common use areas and the other areas noted above at the direction and to the satisfaction Central Falls Fire Marshal Office’s.  In light of the above, the Board notes that the Applicant already has a blanket variance until the commencement of the 2004-2005 school year to maintain the student occupancies above and below the level of exit discharge during that period of time.
	
2. The Board hereby directs the Applicant to correct deficiency #2 by sealing off or providing fire dampers on the abandoned vertical openings in the walls that were previously used to transport heat throughout the facility.  The Applicant is directed to make the above correction at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office on or before the commencement of the 2004-2005 school year in September of 2004.
	
3(a). The Board hereby directs the Applicant to correct deficiency #3(a) by fully sprinkling the hallway of this facility and by providing the cited wainscoting and paneling with an approved class A finish, at the direction and of the satisfaction to the Central Falls Fire Marshal’s Office, on or before the commencement of the 2004 school year.
	
3(b). The Board hereby grants a variance in order to allow the Applicant to maintain cited transoms and other hazards provided that the Applicant extends the sprinkler coverage of this facility to those areas at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office on or before the commencement of the 2004-2005 school year.
	
3(c). The Board hereby grants a variance in order to allow the Applicant to maintain the cited classroom and office doors in conjunction with sprinkler coverage on both sides.  Again, the Applicant is directed to provide both sides of each door with approved sprinkler coverage on or before the commencement of the 2004-2005 school year.
	
3(d). The Board hereby grants a variance in order to allow the Applicant to maintain the non-rated corridors in this facility along with those other areas listed as      3(d i), 3(d ii) and 3(d iii) by providing this facility with expanded sprinkler coverage at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office, prior to commencement of the 2004-2005 academic year.	
	
4(a) and (b). The Board hereby directs the Applicant to correct deficiencies 4(a) and (b) as it relates to the doorways in this facility by maintaining the doors in proper operating condition and eliminating any chocks or other unauthorized hold open devices.  The Board further directs the Applicant to provide sprinkler coverage on both side of the cited doors and to make such other corrections at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office on or before the commencement of the 2004-2005 academic year.
	
5(a). The Board hereby directs the Applicant to correct deficiency #5(a) by providing an approved class A finish on the cited wainscoting and by further providing an approved sprinkler coverage in the area of the wainscoting. 
	
5(b). The Board hereby grants a variance from the provisions of sections 15.2.2.2.1 and 7-2.2.3.2 in order to allow the Applicant to maintain the cited existing landings and door swings.  This variance based on structural hardship in light of the Applicant’s agreement to extend the sprinkler coverage of this facility.
	
5(c). The Board hereby directs the Applicant to correct deficiency #5(c) by repairing the cited voids within the stairway and hallway walls of this facility and in the passageways from the second floor to the attic access, at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office, on or before the commencement of the 2004-2005 school year in September of 2004.
	
5(d). The Board hereby directs the Applicant to either sprinkler the cited closet if it is utilized for storage and if it not utilized for storage to seal it off at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office on or before the commencement of the 2004-2005 academic year.
	
6. The Board hereby directs the Applicant to correct deficiency #6 by properly sealing off the cited glass transoms and providing approved sprinkler coverage on both side of the transoms at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office on or before the commencement of 2004-2005 school year.

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)].