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 Lisa Krapf of the Providence Fire Marshals Office.  A motion was made by Commissioner Preiss 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 19, 2009 inspection report compiled by the Providence Fire Marshals Office along with an April 1, 2009 plan of action developed by the Applicants architect, Richard R. Hunt.  The above March 19, 2009 inspection report and the April 1, 2009 plan of action were utilized by the Board, the Applicant and the Providence Fire Marshals Office during the April 28, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the March 19, 2009 inspection report along with the April 1, 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(a).  It is the understanding of the Board that the Applicant has corrected deficiency 1(a).
	1(b).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 1(b).
	1(c).  It is the understanding of the Board that the Applicant has corrected deficiency 1(c).
	1(d).  It is the understanding of the Board that the Applicant has corrected deficiency 1(d).
	1(e).  It is the understanding of the Board that the Applicant has corrected deficiency 1(e).
	1(f).  The Board hereby grants a variance in order to allow the Applicant to remove the obvious exit signage at the main exit.
	1(g).  The Board hereby grants the Applicant a time variance until September 1, 2009 in order to correct the first portion of deficiency 1(g) by repairing the door to the art room to allow it to properly close.  The Board hereby grants a variance to address the remainder of deficiency 1(g) to allow the cited classroom door to continue to open onto the stair enclosure on the basis of structural hardship.
	2-9.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3, 4, 5, 6, 7, 8 and 9 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	10.  During the April 28, 2009 hearing on this matter, the Applicant requested a time variance until September 1, 2011 in order to provide this area with sprinkler coverage.  However, the Providence Fire Marshal's office objected to this time variance.  Accordingly, the Board hereby grants the Applicant a time variance until September of 2010 in which to provide approved sprinkler coverage in the storage area behind the sanctuary at the direction and to the satisfaction of the Providence Fire Marshal's office.
	11-15.  It is the understanding of the Board that the Applicant has corrected deficiencies 11, 12, 13, 14 and 15 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	16.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited doors and wired glass panels within the stair enclosures of this facility.  In granting this relief, the Board directs the Applicant to provide this facility with approved sprinkler coverage within the timetable outlined below.  The Applicant shall have a time variance until September 1, 2009 in order to submit construction documents for the sprinkler coverage to the Providence Fire Marshal's office.  The Applicant shall further have a time variance until September 1, 2010 in order to provide the cited sprinkler coverage to address deficiency 16.  The Board notes that if the public schools are granted additional time by statute to comply, the Applicant may return for further review if the subject facility is not granted comparable time relief as part of a blanket variance covering the private schools within the state.
	17(a).  The Board hereby directs the Applicant to correct deficiency 17(a) within thirty (30) days of the date of this decision.
	17(b).  The Board hereby reaffirms the original variance granted for the cited exterior stairs.  In re-confirming this variance, the Board notes the Applicants agreement to sprinkler the egress system within this facility.
	18.  It is the understanding of the Board that the Applicant has corrected deficiencies 18(a)(c)(d)(h).  The Board hereby grants the Applicant a time variance until September 1, 2009 in which to correct deficiencies 18(b)(e)(f)(g).  
	19.  The Board hereby reaffirms the original variances granted to the art room in the basement and the religious education room in the basement. 
	20.  The Board hereby directs the Applicant to remove the cited storage from the boiler room within thirty (30) days of the date of this decision.  The Board hereby grants the Applicant a time variance until September 1, 2009 in which to correct the remainder of deficiency 20 in accordance with the Applicants plan of action as outlined in item 20(b) with the exception of the time table.
	21.  The Board hereby grants the Applicant a time variance until September 1, 2009 in order to correct deficiency 21.
	22(a).  The Board hereby reaffirms the variance previously granted for the transoms.  In reaffirming this variance, the Board notes that the Applicant shall provide egress system sprinkler coverage on or before September 1, 2010 or as extended as outlined in item 16 above.
	23.  The Board hereby directs the Applicant to correct deficiency 23 on or before September 1, 2009 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	24-25.  It is the understanding of the Board that the Applicant has corrected deficiencies 24 and 25.
	26.  The Board hereby grants the Applicant a time variance until September 1, 2009 in order to correct the newly cited deficiencies as outlined in items 26 (a) through (l). 
	27.  The Board hereby grants a variance in order to allow the Applicant to maintain door access from the stair enclosure to the boiler room areas.  This variance is based upon structural hardship.
	28.  The Board hereby directs the Applicant to correct deficiency 28 within thirty (30) days of the date of this decision.
	29.  The Board hereby grants the Applicant a time variance until September 1, 2010 in order to correct deficiencies 29 (a)(b)(c)(d).  The Board notes the objection of the Providence Fire Marshal's office to this time extension.
	30.  The Board hereby directs the Applicant to correct deficiencies 30 (a)(b) at the direction and to the satisfaction of the Providence Fire Marshals office within thirty (30) days of the date of this decision.
	31.  The Board hereby grants a variance in order to allow the cited access to the storage room of this facility.  As a condition of this variance, the Board directs the Applicant to repair the cited door and provide it with proper hardware, at the direction and to the satisfaction of the Providence Fire Marshals office.
	32.  The Board hereby grants the Applicant a time variance until September 1, 2009 in order to correct deficiencies 32 (a)(b)(c).
	33.  The Board hereby directs the Applicant to correct deficiency 33 within thirty (30) days of the date of this decision.
	34.  The Board hereby grants the Applicant a time variance until September 1, 2009 in order to correct deficiency 34.  The Board notes that this room is currently not an electrical room.
	35.  See item 34 above.
	36.  The Board hereby grants the Applicant a time variance until September 1, 2010 in order to correct deficiency 36.  The Board notes that, as outlined in deficiency 16, this time period may be extended in the future.
	37.  At the end of the April 28, 2009 meeting, the Board was advised and directs the Applicant to remove the dryer from this facility on or before September 1, 2009 and to immediately secure the gas equipment in this facility and remove that equipment on or before September 1, 2009.
	38.  The Board notes that Assistant Deputy State Fire Marshal Lisa Krapf has objected to several of the time variances initially requested by the Applicant and has further objected to several of the reduced time variances eventually granted by the Board.

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)].