The above-captioned case was scheduled for hearing on July 19, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Evans, Newbrook, Pearson, OConnell and Richard were present.  Commissioners Burlingame and Blackburn recused themselves from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Mark St. Pierre of the Harrisville Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Vice Chairman Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers referenced in the Decision below correspond with those of a July 16, 2004 inspection report compiled by the Harrisville Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Harrisville Fire Marshals Office during the July 19, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the July 16, 2004 inspection report 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.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  During the July 19, 2005 hearing on this matter, the Board was advised that, with the exception of the items outlined below, the Applicant would correct all of the remaining deficiencies as outlined on the July 16, 2004 inspection report on or before September of 2007.  Accordingly, the Board hereby grants the Applicant a time variance until the commencement of school in September of 2007 for the Applicant to correct all remaining deficiencies not identified below.
	With regard to the elevator issue raised by the Applicant, the Board hereby grants a variance from the provisions of the Life Safety Code section 7.2.13.3 in order to allow the Applicant not to maintain an elevator lobby located on the first floor of this facility and to further allow the elevator to go to the lower level when called.  In granting this variance, the Board notes that the Harrisville Fire Marshals office has no objection to this variance.
	With regard to the doors leading from the new gymnasium, the Board hereby grants a variance from the provisions of the Life Safety Code section 15.2.5.5 in order to allow the doors in the egress corridor from the gymnasium to maintain their current extension into the egress system.  As a condition of this variance, the Board hereby directs the Applicant to place these doors on 180 degree hinges and to maintain them with an approved hold-open device, installed at the direction and to the satisfaction of the Harrisville Fire Marshals office.
	With regard to the canopy issue, the Board hereby grants a variance in order to allow the Applicant to provide a new main entrance with a canopy on this facility, and to further allow the remaining entrances and exits of this facility not to be provided with canopy protection.  In granting this variance, the Board directs the Applicant to remove all snow and ice from these areas on a regular basis and to assure that they are maintained in a passable condition prior to the opening of school during inclement weather.  This variance is contingent upon the Applicants ability to maintain the egress pathways completely free of snow and ice to the satisfaction of the Harrisville Fire Marshals office.  In the event that the Applicant fails to maintain the egress paths in such a manner, this variance becomes void and the parties are directed to return to the Board to review alternative compliance measures.
	With regard to the original metal doors and wired glass assemblies within the egress system of this facility, the Board hereby grants the Applicant a variance to maintain these components of the building provided they are equipped with new panic hardware and protected by limited sprinkler coverage, installed at the direction and to the satisfaction of  the Harrisville Fire Marshals office.  As an alternative, the Board directs the Applicant to properly rate these areas, at the direction and to the satisfaction of the Harrisville Fire Marshals office.  Finally, the Board shall maintain this as an open file in the event the Applicant and/or the Harrisville Fire Marshals office needs further guidance in this area.

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)].