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 Marshals Lisa Krapf and Christopher Dillon of the Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Vice Chairman 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 March 23, 2007 inspection 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 March 3, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the March 23, 2007 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.  It is the understanding of the Board that the Applicant has fully sprinklered this facility and also fully upgraded the fire alarm system of this facility.  In addition, it is the understanding of the Board that the Applicant has corrected deficiency 1 by providing this facility with an approved key access box at the main entrance.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing the required address numbers at the main entrance of the building.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with approved fire extinguishers.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by relocating the dumpster within this facility.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing the library computer room with an approved portable fire extinguisher properly mounted, secured and designated.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by properly locating the portable fire extinguisher in the cafeteria/gym/auditorium at the direction and to the satisfaction of the Providence Fire Marshal's office.
	7.  It is the understanding of the Board that the Applicant shall complete the correction of deficiency 7 on or before the commencement of school in September of 2009 by providing properly operating doors throughout this facility.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 to the satisfaction of the Providence Fire Marshal's office.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	10.  The Board hereby grants a time variance in order to allow the Applicant to correct deficiency 10 by providing approved doors within the egress system at the direction and to the satisfaction of the Providence Fire Marshal's office on or before September 1, 2009.
	11.  The Board hereby grants a variance from the provisions of section 15.2.1.1 and 7.1.3.2.1 in order to allow the Applicant to maintain the existing cited separation in light of the full sprinkler system within this facility.
	12.  The Board hereby grants the Applicant a time variance until September 1, 2009 in which to correct deficiency 12 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	14.  The Board hereby grants a variance from the provisions of section 15.2.1.4 in order to allow the Applicant to maintain a dedicated stair for the kindergarten and pre-school classrooms at the basement level in conjunction with the new sprinkler system and updated fire alarm system.  
	15.  The Board hereby grants a variance from the provisions of section 15.2.2.2.1 and 7.2.1.3.1 and 2 in order to allow the Applicant to maintain the cited step-down serving the three (3) rooms on the east side first floor instead of the required landing.  This variance is based on structural hardship pursuant to the Boards understanding that this is a specialized area and not a regular classroom.
	16.  It is the understanding of the Board that the Applicant has corrected deficiency 16 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	17.  The Board hereby grants the Applicant a time variance in order to correct deficiency 17 by providing the cited new doors, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	18.  It is the understanding of the Board that the Applicant has corrected deficiency 18 by removing the cited unauthorized hold-open devices.
	19.  It is the understanding of the Board that the Applicant has corrected deficiency 19 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	20.  It is the understanding of the Board that the Applicant has corrected deficiency 20 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	21.  It is the understanding of the Board that the Applicant has corrected deficiency 21 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	22.  The Board hereby grants a variance from the provisions of section 15.2.2.3.1 and 7.2.2.5.3.2 in order to allow the Applicant to maintain the existing closets with the new sprinkler and upgraded fire alarm system.  In granting this variance, it is the understanding of the Board that the Providence Fire Marshal's office has determined that this is not an unreasonable request.
	23.  It is the understanding of the Board that the Applicant has corrected deficiency 23 and that tests shall be conducted in the immediate future.
	24-26.  It is the understanding of the Board that the Applicant has corrected deficiencies 24, 25 and 26 with the installation of sprinkler coverage within this facility.
	27.  It is the understanding of the Board that the cited sealed glass transoms above the classroom doors are protected with sprinkler coverage at this time and that the classroom doors had been provided with closures.  Further, it is the understanding of the Board that only a small office on the second floor area shall maintain a door open to the corridor without closures.  However, it is the understanding of the Board that the office staff shall be trained to close the door immediately in the event of a fire emergency.  Accordingly, the Board finds this to be a satisfactory arrangement.

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)].