The above-captioned case was scheduled for hearing on May 11, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Preiss, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Lisa Krapf of the Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Jasparro and Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	Based on the correspondence submitted and the testimony taken during the May 11, 2010 hearing on this matter, the Board was advised and finds that the St. Pius V school has installed a closet in an unused portion of a stair landing on the second floor of this facility.  The Board was further advised that the subject facility is a two-story building with one story partially below grade.  The Board was further advised and finds that the closet does not physically block the egress path and is located adjacent to a railing closing off the top of the stair at the second floor level.  The Board was further advised and finds that the cited closet did not appear to be constructed of one-hour rated materials, did not appear to have a ceiling and did not have a sprinkler head located within it.  Finally, the Board finds that the Applicant is requesting permission to keep the closet at this location.

CONCLUSIONS AND VARIANCE REQUESTS 
1.  During the May 11, 2010 hearing on this matter, the Board granted the Applicant the authority to maintain this closet as modified below or to remove it prior to the commencement of the 2010-2011 academic year in September of 2010.  Specifically, if the Applicant wishes to maintain a closet in the cited area, the Board directs that the closet shall be built of one-hour fire resistant construction at the direction and to the satisfaction of the Providence Fire Marshal with the door having at least forty-five (45) minutes rating.  Further, the Board directs that the Applicant shall provide a sprinkler head within the closet at the direction and to the satisfaction of the Providence Fire Marshal's office.

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)].