The above-captioned case was scheduled for hearing on June 12, 2007 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Blackburn, Filippi, Pearson, Preiss, Jasparro and Jackson were present.  The fire service was represented by Assistant Deputy State Fire Marshals David Pastore and Christopher Heon of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Pearson 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 June 20, 2006 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the June 12, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the June 20, 2006 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.  During the June 12, 2007 hearing on this matter, the Board was advised that the Applicant would correct the remaining deficiencies within this facility prior to the 2007/2008 school year.  The Board notes that the Applicant had been granted a blanket variance to make the above corrections on or before December 31, 2007.  However, the Board accepts the Applicants accelerated schedule for bringing this facility into compliance with the provision of certain variances.  Accordingly, the Board hereby directs the Applicant to upgrade the fire alarm system in this facility, at the direction and to the satisfaction of the West Warwick Fire Alarm Superintendent, prior to the commencement of the 2007/2008 school year.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	3.  The Board hereby grants a variance from the provisions of section 15.3.6 in order to allow the Applicant to maintain the existing wall-ceiling construction.  As a condition of this relief, the Board directs the Applicant to provide approved detection above the ceilings of this facility, at the direction and to the satisfaction of the West Warwick Fire Alarm Superintendents office.
	4.  The Board hereby grants a variance from the provisions of section 7.2.2.3.2.2 in order to allow the Applicant to bring the stairway of this facility into a uniform 48 width.
	5-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 5 and 6 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	7.  The Board hereby grants a variance from the provisions of section 7.1.5 and its referenced standards in order to allow the Applicant to maintain the existing cited headroom in the left exit stairs of this facility.  This variance is based on structural hardship.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	9.  The Board hereby directs the Applicant to correct deficiency 9(a)(b)(c) at the direction and to the satisfaction of the West Warwick Fire Marshal's office by replacing any doors deemed necessary with approved doors to be installed in the existing door jambs.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 at the direction and to the satisfaction of the West Warwick Fire Marshals office.
	11.  The Board hereby grants a variance from the provisions of section 15.3.6 and its referenced standards in order to allow the Applicant to maintain the existing construction and rating of the second floor corridor.
	12.  The Board hereby grants a variance from the provisions of section 15.2.3.2 in order to allow the Applicant to maintain the existing second floor corridor width.  This variance is based on structural hardship in light of the fact that a portion of the second floor corridor wall juts out into the corridor at a point where a chimney is located within the building.
	13.  The Board hereby directs the Applicant to correct deficiency 13 by providing the janitors closets with rated materials, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	14.  The Board hereby directs the Applicant to correct deficiency 14 by replacing the cited doors with approved substantial doors maintained in the existing door jamb with approved closers.  The above doors shall be installed at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	15-16.  It is the understanding of the Board that the Applicant has corrected deficiencies 15 and 16 to the satisfaction of the West Warwick Fire Marshal's office.
	17.  The Board hereby directs the Applicant to correct deficiency 17 by providing the above cited existing door jambs with approved substantial doors and closers installed at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	18.  It is the understanding of the Board that the Applicant has corrected deficiency 18.
	19.  The Board hereby directs the Applicant to correct deficiency 19 by properly enclosing the cited electrical boxes prior to the commencement of the 2007-2008 school year.
	20.  It is the understanding of the Board that the Applicant has corrected deficiency 20.
	21.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing cited stairway to the second floor storage area in the gymnasium.  In granting this variance from the dimension and headroom requirements, the Board notes that this stairway access is a storage area, is not generally occupied, and that the stairway itself is not considered an exit stair.  As a condition of this relief, the Board directs the Applicant to provide this stairway with approved handrails, installed at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	22.  The Board hereby grants a variance from the provisions of section 7.2.1.2.4 in order to allow the Applicant to maintain the existing cited measurement of the double doors from the gymnasium to the addition corridor of this facility.  In granting this relief, the Board notes that this is not required nor used as an exit, and remains as an emergency means of egress.
	23.  The Board directs the Applicant to correct deficiency 23 by providing approved hardware on the cited double doors from the gym to the corridor.
	24.  The Board hereby grants a variance from the provisions of section 7.7.2 in order to allow the Applicant to maintain the existing configuration of the second floor east stairway which empties into the first floor hallway of this facility.  In granting this variance, it is the understanding of the Board that this is a third exit.  

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)].