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, Jasparro, Dias, Pearson 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 Chairman Coutu and seconded by Commissioners Richard and Jasparro 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 February 6, 2009 inspection report compiled by the Providence Fire Marshals Office and a February 23, 2009 plan of action presented by the Applicant.  The above report and plan of action were 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 both the February 6, 2009 inspection report and the February 23, 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.  It is the understanding of the Board that the Applicant shall correct deficiency 1 by providing the building with approved address numbers at the main entrance, at the direction and to the satisfaction of the Providence Fire Marshal within thirty (30) days.
	2.  The Board hereby grants the Applicant a time variance until September 1, 2009 in order to correct deficiency 2 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by removing the excess artwork and other materials that are hung on stringers across the room, at the direction and to the satisfaction of the Providence Fire Marshal's office, within ten (10) days of the hearing.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency  5 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	6.  The Board hereby grants the Applicant a time variance in order to correct deficiency 6 by eliminating the cited transoms and infilling these areas with noncombustible construction consisting of metal stud and sheetrock and replacing the doors in the existing frames with approved one-hour doors at the direction and to the satisfaction of the Providence Fire Marshal's office on or before September 1, 2010.
	7.  The Board hereby grants the Applicant a time variance until September 1, 2010 in order to correct deficiency 7 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	8.  The Board hereby grants the Applicant a time variance, until September 1, 2010, in order to correct deficiency 8 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	9(a)-9(d).  It is the understanding of the Board that the Applicant has corrected deficiencies 9(a), 9(b), 9(c) and 9(d) at the direction and to the satisfaction of the Providence Fire Marshals office.  The Board hereby grants the Applicant a time variance until September 1, 2010 in order to correct deficiency 9(e) by installing the requested metal lockers, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by either not allowing the older children to share the same space as the younger children in the basement area or simply not allowing the children in the area.  Accordingly, the Board directs the Applicant to submit a plan of action to address deficiency 10 to the satisfaction of that office.  The Board notes that the Applicant shall submit this plan within a timetable established by the Providence Fire Marshal's office.
	11(a) 11(b)  The Board hereby grants a variance from the provisions of section 15.2.2.2.1, 7.2.1.3.1 and 7.2.1.3.2 in order to allow the Applicant to maintain the cited steps, as opposed to landings, at the existing cited doors.  This variance is granted on the basis of structural hardship and limited use.  Finally, as a condition of this variance, the Board directs the Applicant to provide proper identification of these areas and notification to the people utilizing these areas.
	12.  The Board hereby directs the Applicant to correct deficiency 12, at the direction and to the satisfaction of the Providence Fire Marshal's office, within thirty (30) days.
	13(a).  The Board hereby directs the Applicant to correct deficiency 13(a), within thirty (30) days, by removing the cited elephant feet or non-compliant hold-open devices.
	13(b).  The Board hereby grants the Applicant a time variance until September 1, 2009 in order to correct deficiency 13(b) at the direction and to the satisfaction of the Providence Fire Marshal's office.
	14.  The Board hereby grants the Applicant a time variance until September 1, 2010 in order to correct deficiency 14 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	15.  The Board hereby grants a variance from the provisions of section 15.2.2.3.1 and 7.2.2.4.1.6 in order to allow the Applicant to maintain the cited teachers toilet room.  This variance is based upon limited occupancy and use.
	16.  The Board hereby grants a time variance until September 1, 2010, in order to correct deficiency 16 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	17.  The Board hereby grants a time variance of thirty (30) days in which to correct deficiency 17 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	18.  The Board hereby grants a time variance of thirty (30) days in order to correct deficiency 18 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	19.  The Board hereby grants the Applicant a time variance of thirty (30) days in order to correct deficiency 19 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	20.  The Board hereby directs the Applicant to correct deficiency 20 by submitting a plan of action for the correction of this deficiency to the Providence Fire Marshal's office on or before September 1, 2009.  The Board hereby grants the Applicant a time variance for the implementation of this plan of action until September 1, 2010.  The Board hereby grants a variance in order to allow the Applicant to utilize an escape door in place of rescue windows with any additional modifications and/or hardware deemed necessary by the Providence Fire Marshal's office.
	21-22.  The Board hereby directs the Applicant to correct deficiencies 20 and 21 as part of its plan of action as outlined in item 20 above, at the direction and to the satisfaction of the Providence Fire Marshal's office within the timetable for the development and implementation of the plan as outlined in item 20 above.
	23.  The Board hereby directs the Applicant to correct deficiency 23 at the direction and to the satisfaction of the Providence Fire Marshal's office on or before September 1, 2010.
	24.  The Board hereby directs the Applicant to correct deficiency 24 within thirty (30) days.
	25.  The Board hereby directs the Applicant to correct deficiency 25 within thirty (30) days.
	26.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing separation between the day care and educational occupancies of this facility and to allow it to remain as long as the occupants of the day care are also occupants of the school.
	27.  The Board hereby grants the Applicant a time variance until September 1, 2010 in order to allow the Applicant to correct deficiency 27 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	28.  In those areas noted for compliance without a specific date, the date shall be determined and calculated from the mailing date of this decision.

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)].