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 Person were present.  Commissioner Coutu recused himself of consideration of this case.  A motion was made by Commissioner Burlingame and seconded by Commissioner Filippi 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(a). The Board hereby directs the Applicant to correct deficiency #1 by providing proper separation of the stairways of this facility by removing the cited glass stairway doors and partitions and replacing them with approved separation, at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office on or before the commencement of the 2005-2006 academic year.
	
1(b). The Board hereby directs the Applicant to correct deficiency 1(b) by properly maintaining the cited stairway doors at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office, within thirty (30) days of the date of this decision.
	
1(c, d and e). The Board directs the Applicant to correct deficiencies 1(c, d and e) by replacing the cited doors or by providing approved sprinkler coverage on both side of the doors, at the direction and to satisfaction of the Central Falls Fire Marshal’s Office on or before the commencement of the 2006-2007 academic year.
	
2(a). The Board hereby directs the Applicant to correct deficiency #2(a) as outlined in item #1(a) above.  
	
2(b). The Board hereby directs the Applicant to correct deficiency #2(b) by either sprinklering or sealing off or removing the cited storage areas at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office.
	
2(c). 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 existing main entrance door which swings out over an exterior granite ornate stairway. This variance is based on structural hardship in the absence of an objection by the Central Falls Fire Marshal’s Office.
	
3. The Board notes that there is no deficiency #3.	
	
4. The Board hereby directs the Applicant to correct deficiency #4 by providing the cited cooking equipment with an approved automatic extinguishing system at the direction and to the satisfaction of the Central Falls Fire Marshal Office prior to the commencement of the 2006-2007 academic year.
	
5(a). The Board hereby directs the Applicant to correct deficiency #5(a) by providing an approved handrail on the exit stairway from the cafeteria at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office on or before the commencement of the 2006-2007 academic year.
	
5(b). The Board hereby directs the Applicant to correct deficiency #5(b) by repairing the cited stairway walls and ceiling at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office.	
	
6(a and b). The Board hereby directs the Applicant to correct deficiency #6(a and b) by removing the cited storage within thirty (30) days of the date of decision.
	
7. The Board hereby directs the Applicant to correct deficiency #7 by providing the service elevator to the kitchen with an approved smoke detector as part of the upgrading of the fire alarm system in this facility to be completed prior to the commencement of the 2006-2007 school year.
	
8. It is the understanding of the Board that the Applicant has corrected deficiency #8 at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office.
	
9. The Board hereby directs the Applicant to correct deficiency #9 by replacing the cited ceiling tiles in the kitchen within thirty (30) days of the date of this decision.
	
10. The Board hereby directs the Applicant to correct deficiency #10 by removing the cited storage and providing this facility with either sprinkler coverage or sealing off the area at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office.
	
11. The Board hereby directs the Applicant to immediately correct deficiency 11(a, b and c) at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office.
	
12. The Board hereby directs the Applicant to correct deficiency #12 by properly maintaining the doors in the north stairway to provide a tight seal, at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office, within thirty (30) days of the date of this decision.
	
13. The Board hereby directs the Applicant to correct deficiency #13 by replacing the cited ceiling tiles, at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office, within thirty (30) days of the date of this decision.
	
14(a). The Board hereby directs the Applicant to correct deficiency #14(a) by removing the cited storage and maintaining this area free of all obstruction.
	
14(b). It is the understanding of the Board that the Applicant has corrected part of deficiency #14(b) by removing the cited chain and padlock across the panic hardware.  The Board directs the Applicant to correct the remainder of deficiency #14(b) by removing the cited storage within this area.	
	
15. The Board hereby directs the Applicant to immediately correct deficiency #15 by providing approved exit signage leading into the rated corridor of the new wing.  The above exit signage shall be visible for all areas of the gymnasium.	
	
16. The Board hereby directs the Applicant to correct deficiency #16 by removing the cited storage.	
	
17. The Board hereby approves the Applicant’s plan of action to correct deficiency #17 by providing this facility with approved sprinkler coverage on or before the commencement of the 2006-2007 academic 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)].