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 Vice Chairman Newbrook and seconded by Commissioner Dias 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 19, 2009 inspection report compiled by the Providence Fire Marshals Office and a March 3, 2009 plan of action developed by the Applicants architect.  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 the February 19, 2009 inspection report and the March 3, 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.  During the March 3, 2009 hearing on this matter, the Board was advised by the Applicant that the majority of the work would be completed in this facility prior to the commencement of student occupancy in September of 2009.  The Board was further advised that the remainder of the work would be completed prior to student occupancy of the facility in September of 2010.  Finally, the Board was advised that the Applicant would submit designs to the Providence Fire Marshal's office for review prior to the commencement of work during the summer of 2009.  Accordingly, the Board hereby grants the Applicant a time variance until September of 2009 in which to correct deficiency 1 by providing the cited address numbers at the main entrance of this facility.
	2.  The Board hereby grants the Applicant a time variance in order to correct deficiency 2 by properly mounting the cited boiler room extinguisher at the direction and to the satisfaction of the Providence Fire Marshal's office prior to student occupancy in September of 2009.
	3.  The Board hereby grants a variance in order to allow the Applicant to implement its plan of action for the correction of deficiencies 3(a) and 3(b) as outlined in the March 3, 2009 plan of action document.  Specifically, the cited vertical duct openings in the ventilation system will no longer be utilized and the vents will be removed and the openings suitably enclosed and/or protected at the direction and to the satisfaction of the Providence Fire Marshal's office prior to September of 2009.  In addition, the cited two (2) dumbwaiters will be suitably enclosed and protected and the dumbwaiter shafts will be protected by sprinkler heads at the top of the shaft with the remaining spaces being sealed off or provided with an approved access panel, at the direction and to the satisfaction of the Providence Fire Marshal's office prior to the commencement of student occupancy of this facility in September of 2009.
	4.  The Board hereby grants the Applicant a time variance until September of 2009 in which to correct deficiency 4 at the direction and to the satisfaction of the Providence Fire Marshal.
	5.  The Board hereby grants the Applicant a time variance until September of 2009 in which to correct deficiency 5 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	6(a).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing gas main configuration within this facility in conjunction with sprinkler coverage.  As a condition of this variance, the Board directs that the applicant seal off all penetrations with approved fire stopping material and properly repair the existing door to maintain a smoke-tight enclosure.  Finally, the Board directs the Applicant to have the mechanical inspector review the gas lines to determine whether any additional safeguards would be necessary.
	6(b).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing wall construction of the stair enclosure in conjunction with the sealing of all penetrations and the installation of sprinkler coverage as outlined in the plan of action for item 6(b) at the direction and to the satisfaction of the Providence Fire Marshal's office prior to the commencement of the academic year in September of 2009.
	6(c).  The Board hereby grants a variance in order to allow the Applicant to maintain existing access to the existing basement level girls toilet.  As a condition of this variance, it is the understanding and direction of the Board that an approved fire rated door assembly will be installed with self-closing spring hinges to replace the existing unrated door assembly.
	7.  The Board hereby grants the Applicant a time variance until September of 2009 in order to correct deficiency 7 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing the Providence Fire Marshal's office with the required documentation.
	9.  The Board hereby grants a variance in order to allow the Applicant to maintain the slope located at the doorway of the second/third grade classrooms.  Specifically, the Board is granting this variance on the basis of structural hardship.
	10-13.  The Board hereby grants the applicant a time variance until September of 2009 in order to correct deficiencies 10, 11, 12, and 13 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	14.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing center rail within the stair enclosures of this facility.  
	15.  The Board hereby grants a variance in order to allow the Applicant to maintain storage closets accessed within the stair enclosures of the basement level in the north and south stairs of this facility.  In granting this relief, the Board directs the Applicant to provide the fire rated doors requested by the Providence Fire Marshal's office.  The Board hereby grants the Applicant a time variance until September 2009 in which to install the above fire rated doors on the cited storage closets.  The Board notes that this area will be fully protected by the new sprinkler and fire alarm coverage as outlined below.
	16.  The Board hereby grants the Applicant a time variance until September 2009 in which to correct deficiency 16 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	17.  It is the understanding of the Board that deficiency 17 will become moot with the installation of the sprinkler system.  Accordingly, the Board hereby grants the Applicant a time variance to correct this deficiency by providing sprinkler coverage as outlined herein.
	18.(a)(b).  The Board hereby grants a variance in order to allow the Applicant to implement the March 3, 2009 plan of action addressing deficiencies 18(a) and 18(b).  
	18(c).  The Board hereby directs the Applicant to correct deficiency 18(c) by providing smoke separation on the back of the cited door at the direction and to the satisfaction of the Providence Fire Marshal's office prior to the commencement of student occupancy in September of 2009.
	19.  The Board hereby grants the Applicant a time variance in order to provide this facility with an approved full coverage municipally connected fire alarm system on or before September 1, 2009.
	20.  The Board notes that deficiency 20 will be moot with the installation of an approved sprinkler system.  The Board hereby grants the Applicant a time variance until September 1, 2010 in order to provide this facility with approved sprinkler coverage.  The Board notes that all other deficiencies, relying upon this sprinkler coverage, shall be granted a time variance until September 1, 2010 to provide such sprinkler coverage as a condition of relief granted herein.
	21.  The Board directs the Applicant to correct deficiency 21 by providing a smoke tight enclosure of the electrical rooms that would cover the walls with sheetrock and provide double doors opening out with no maintenance being allowed during school hours.  The Board notes that the school shall be fully sprinklered on or before September 1, 2010.
	22.  The Board hereby directs the Applicant to correct deficiency 22 in accordance with the March 3, 2009 plan of action submitted.
	23.  Please see item 21 above.
	24.  The Board hereby directs the Applicant to correct deficiency 24 at the direction and to the satisfaction of the Providence Fire Marshal's office in accordance with the Applicants plan of action.
	25.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing wall material in the prayer room of this facility.  The Board directs the Applicant to reduce the remaining materials to 20 now and 50 upon installation of the sprinkler system.
	26.  The Board hereby grants a variance from the separations requirements in light of the Applicants agreement to provide this facility with approved sprinkler coverage on or before September 1, 2010.	
	27.  The Board directs the Applicant to correct deficiency 27 in accordance with the March 3, 2009 plan of action and timetables therein 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)].