The above-captioned case was originally before the Board on March 3, 2009 at 1:00 P.M.  A decision, outlined in file number 060126A was thereupon issued on May 14, 2009.  The Applicant has now returned with an updated plan of action and further provided the Board and the Providence Fire Marshals Office with a three-phase plan dated April 6, 2011 and compiled by Ekman & Arp Architects.  The Applicant thereupon requested a hearing for the Board to review the above plan of action.
The above captioned case was most recently scheduled for hearing on April 19, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Jackson, Jasparro, Walker, Filippi and Dias 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 Jackson and seconded by Commissioner Dias to accept the Applicants plan of action and the relief granted therein.  The motion passed over the opposition vote of Commissioner Preiss.

FINDINGS OF FACT
The numbers of the Decision below correspond with those of a February 6, 2009 inspection report compiled by the Providence Fire Marshals Office.  The above report, along with the April 6, 2011 plan of action presented by the Applicants architects, Ekman & Arp were utilized by the Board, the Applicant and the Providence Fire Marshals Office during the April 19, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the February 6, 2009 inspection report along with the April 6, 2011 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board notes that the Applicant has presented a plan of action which consists of three (3) distinct phases.  Phase I would be completed on or before September of 2011.  Phase II would be completed on or before September of 2012.  Phase III would be completed on or before September of 2013.  Unless otherwise specified, the Board notes that the majority of items would be completed within Phase I.  Accordingly, the Board hereby grants the Applicant a time variance through the end of Phase I in which to correct deficiency 1 by providing this facility with approved address numbers, at the direction and to the satisfaction of the Providence Fire Marshals Office.
	2.  The Board hereby grants the Applicant a time variance through the end of Phase III in order to correct deficiency 2 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 with regard to the emergency lights in the west basement level of this facility.
	4.  The Board hereby grants the Applicant a time variance through the end of Phase I in which to correct deficiency 4 by removing the cited artwork and teaching materials.
	5.  The Board hereby grants the Applicant a time variance through the end of Phase I in order to correct deficiency 5 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	6.  The Board hereby grants the Applicant a time variance through the end of Phase II in order to correct deficiency 6 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	7.  The Board hereby grants the Applicant a time variance through the end of Phase I in which to correct deficiency 7 by changing the cited boiler room door and frame to a B-label ninety (90) minute rated assembly.  The Board further grants the Applicant a variance in order to maintain the existing access to the boiler room through the stair enclosure on the basis of structural hardship.
	8.  The Board hereby grants the Applicant a time variance through the end of Phase II in which to correct deficiency 8 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	9.  The Board hereby grants the Applicant a time variance through the end of Phase I in order to correct deficiency 9 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	10.  The Board hereby grants the Applicant a time variance through the end of Phase I in order to correct deficiency 10 by providing the Providence Fire Marshals Office with the required documentation.
	11.  The Board hereby reaffirms its original variance covering deficiency 11.
	12.  The Board hereby grants the Applicant a time variance through the end of Phase I in order to correct deficiency 12 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	13.  The Board hereby grants the Applicant a time variance through the end of Phase I in order to correct deficiency 13 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	14.  The Board hereby grants a variance to allow the Applicant not to extend the rail at the bottom of the stairs onto the sidewalk and property line of the building.  The Board hereby directs the Applicant to correct any remaining deficiencies cited in item 14 within the time period outlined by Phase I.
	15.  The Board hereby reaffirms the original variance covering item 15.
	16.  The Board hereby grants the Applicant a time variance through the end of Phase III in order to correct deficiency 16 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	17.  The Board hereby grants the Applicant a time variance through the end of Phase I in order to correct deficiency 17 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	18.  The Board hereby grants the Applicant a time variance through the end of Phase I in order to correct deficiency 18 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	19.  The Board hereby grants the Applicant a time variance through the end of Phase I in order to correct deficiency 19 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	20.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing windows until the sprinkler system for this facility is installed, prior to the end of phase I.
	21.  The Board hereby grants the Applicant a time variance through the end of Phase I in order to sprinkler this facility.  Accordingly, the Applicant shall have relief from the cited deficiency until the sprinkler system is installed.
	22.  See item 21 above.
	23.  See item 21 above.  Additionally, the Board directs the Applicant to seal the cited penetrations and provide self-closers by the end of Phase I.
	24.  The Board hereby grants the Applicant a time variance through the end of Phase I in order to correct deficiency 24 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	25.  The Board hereby grants the Applicant a time variance through the end of Phase I in order to correct deficiency 25 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	26.  It is the understanding of the Board that deficiency 26 is moot and not a violation of the State Fire Code.
	27.  It is the understanding of the Board that deficiency 27 is moot and not a violation of the State Fire Code.
	28.  In addition to the above phased timelines, the Board hereby authorizes the Providence Fire Marshals Office to extend any of the above phased deadlines for good faith efforts being shown by the Applicant.

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)].