The above-captioned case was scheduled for hearing on April 28, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jackson, Filippi, Richard, Blackburn, Walker, Jasparro and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Savastano and Chief Mark Ramieri of the Johnston Fire Marshals Office.  A motion was made by Commissioner Dias 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 both a March 17, 2009 inspection report compiled by the Johnston Fire Marshals Office and an April 16, 2009 plan of action developed by the Applicants architect, Richard R. Hunt.  The March 17, 2009 inspection report and the April 16, 2009 plan of action were utilized by the Board, the Applicant and the Johnston Fire Marshals Office during the April 28, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the March 17, 2009 inspection report along with the April 16, 2009 plan of action 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 
	1-3.  The Board notes that during the April 28, 2009 hearing on this matter, the Johnston Fire Marshal requested that the time granted to the Applicant be limited to the time granted to comparable municipalities with similar facilities.  Accordingly, the Board hereby grants the Applicant a time variance until September 1, 2010 in order to correct deficiencies 1, 2 and 3 at the direction and to the satisfaction of the Johnston Fire Marshal's office in accordance with the April 16, 2009 plan of action submitted by the Applicant.
	4.  The Board hereby grants the Applicant a time variance until September 1, 2009 in which to correct deficiency 4 by replacing all non-compliant hand rails.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by instructing all personnel that lighting and all egress components shall remain on during all hours of operation.  The above instructions shall be at the direction, to the satisfaction and within a timetable agreed to by the Applicant and the Johnston Fire Marshal's office.
	6.  It is the understanding of the Board that deficiency 6 shall be addressed as part of deficiency 3(a) above.  
	7(a).  It is the understanding of the Board that deficiency 7(a) shall be addressed as part of deficiency 3(e) above.  
	7(b).  The Board hereby grants the Applicant a time variance until September 1, 2010 in which to correct deficiency 7(b) by replacing all cited transoms with one-hour fire rated construction at the direction and to the satisfaction of the Johnston Fire Marshals office.  With regard to the transoms that are currently completely missing, the Board directs the Applicant to temporarily seal over these transoms with sheetrock, at the direction and to the satisfaction of the Johnston Fire Marshal's office within thirty (30) days of the date of this decision.  The above missing transoms that are temporarily sheetrocked shall also be permanently replaced on or before September 1, 2010 with one-hour fire rated construction.
	8(a).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to permanently remove the cited hold-open chocks on the doors of this facility.  The Board further directs the Applicant to maintain the cited doors free of the above chocks into the future.  
	8(b).  The Board hereby grants the Applicant a time variance until September 1, 2009 in which to correct deficiency 8(b) to ensure the proper maintenance and functioning of the self-closing stairwell doors.
	8(c).  The Board hereby grants a time variance, until September 1, 2010 in order to correct the remaining items outlined in deficiency 8 in accordance with the Applicants April 16, 2009 plan of action, at the direction and to the satisfaction of the Johnston Fire Marshal's office.
	9-10.  The Board hereby grants the Applicant a time variance until September 1, 2010 in order to allow the Applicant to correct deficiencies 9 and 10 in accordance with the April 16, 2009 plan of action at the direction and to the satisfaction of the Johnston Fire Marshal's office.
	11.  The Board hereby grants the Applicant a time variance until September 1, 2009 in order to remove the cited storage, in accordance with the Applicants plan of action, at the direction and to the satisfaction of the Johnston Fire Marshal's office.  
	12.  The Board hereby grants the Applicant a time variance until September 1, 2011 to provide this facility with approved windows for rescue in accordance with the Applicants plan of action, at the direction and to the satisfaction of the Johnston Fire Marshal's office.
	13.  The Board hereby grants the Applicant a time variance until September 1, 2010 in order to correct deficiency 13 during the installation of a new fire alarm system for this facility.
	14.  The Board hereby directs the Applicant to correct deficiency 14 as a part of its plan of action with the Johnston Fire Marshal's office to ensure that the cafeteria will be restricted for use solely by school children during normal school hours and not to be used for any Church functions in accordance with the Applicants plan of action dated April 16, 2009.  
	15.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct deficiency 15 at the direction and to the satisfaction of the Johnston Fire Marshal's office by properly inspecting and certifying the fire extinguishers throughout this facility.
	16-18.  The Board hereby grants the Applicant a time variance until September 1, 2009 in order to correct deficiencies 16, 17 and 18 at the direction and to the satisfaction of the Johnston Fire Marshal's office by properly certifying the stage curtain, by providing approved crowd management for the Place of Assembly areas and by providing daily inspection duties to Vice Principals and teachers in accordance with the Applicants plan of action.

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)].