The above-captioned case was scheduled for hearing on February 5, 2008 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Pearson, Jackson, Filippi, Walker, Preiss, Blackburn and Richard 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 Pearson and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts as its original findings of fact the building description outlined by the Providence Fire Marshal's office in its January 23, 2008 inspection report.  In addition, the Board finds that the Applicant has presented a plan of action through JCJ Architecture in a letter dated December 5, 2007.  Accordingly, the December 5, 2007 plan of action letter is now also included in the Boards findings of fact.  
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby directs the Applicant to provide this facility with compliant rescue windows, at the direction and to the satisfaction of the Providence Fire Marshal's office and in those rooms where the sill height for the lower floor windows exceeds the required height, the Board directs the Applicant to provide a permanent stair and landing to access the windows, at the direction and to the satisfaction of the Providence Fire Marshal's office.  Finally, the Board grants the Applicant a time variance until the commencement of the 2008-2009 academic year in September of 2008 in order to complete the above corrections.
	2.  The Board notes that this facility is exempted from sprinkler coverage and that a sprinkler system would therefore not be required under the General Laws.
	3.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing 1  solid core wood classroom doors provided the Applicant seals the transoms and any windows exceeding 100 square inches with either approved double 5/8 sheetrock or compliant glass, at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board hereby directs the Applicant to make the above corrections on or before the commencement of the 2008-2009 academic year in September of 2008.
	4.  The Board hereby directs the Applicant to remove the generator and any storage from underneath the stairs at the direction and to the satisfaction of the Providence Fire Marshal's office prior to the commencement of the 2008-2009 academic year in September of 2008.  In addition, the Board hereby grants a variance in order to allow the bathrooms to continue to open into this area.
	5.  The Board hereby directs the Applicant to change the doors on the upper level of the stair enclosure at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Applicant may move the rated doors in this area at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board hereby grants the Applicant a time variance in order to make the above corrections prior to the commencement of the 2008-2009 academic year in September of 2008.
	6.  The Board hereby grants a variance in order to allow egress from the floor above the gym to be maintained on cast in place concrete steps with doors to close off this egress at the lower level, at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board hereby directs the Applicant to review the doors at the bottom of the stairs with the Providence Fire Marshal's office and to make any corrections deemed necessary by that office.  Finally, the Board hereby grants the Applicant a time variance until the commencement of the 2008-2009 academic year in September of 2008 to make the above corrections 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)].