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, Pearson were present.  Commissioner Coutu recused himself from the consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Gerard Conoyer of the Central Falls Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner 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 September 9, 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 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 removing the cited storage from the boiler and electrical rooms and by fixing the electrical room door at the direction and to satisfaction of the Central Falls Fire Marshal’s Office immediately.
	
2. The Board hereby directs the Applicant to correct deficiency #2 by providing an approved fire rated door at the lower level of this facility and second door at the main level of this facility 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.
	
3(a). The Board hereby directs the Applicant to correct deficiency #3(a) by removing the cited obstruction for the main hallway of this facility.  However, the Board shall allow the Applicant to work with the Central Falls Fire Marshal’s Office to determine whether there is sufficient egress in the main hallway of this facility.
	
3(b and c). It is the understanding of the Board that the Applicant has corrected deficiencies #3(b and C) at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office.
	
4. 4(a and b). It is the understanding of the Board that the Applicant has corrected deficiency #4(a and b) as it relates to the cited doors of this facility to the satisfaction of the central falls Fire Marshal’s Office.
	
5. The Board hereby directs the Applicant to correct deficiency #5 by providing visible exit signage throughout this facility 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.
	
6. The Board hereby directs the Applicant to correct deficiency #6 providing this facility with an approved upgraded fire alarm system installed 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. 	
	
7. The Board determined that deficiency #7, relating to the location of classrooms at or below the level exit discharge would be subject to an on-site inspection.  Accordingly, deficiency #7 is held in abeyance until the conclusion of the Fire Board’s Subcommittee on-site and the dissemination of the Fire Board’s conclusion and recommendation. 

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)].