The above-captioned case was most recently heard by the Board on March 3, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Pearson, Jasparro, Dias and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal James Bellamy of the East Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion passed with the Chairman abstaining from the vote.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of both a June 25, 2008 inspection report compiled by the East Providence Fire Marshals Office and a March 3, 2009 plan of action developed by the Applicants architect for this facility.  The above report and plan of action were utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the March 3, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the June 25, 2008 inspection report along with the Applicants 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 hearing, it was agreed to grant the Applicant a time variance until September 1, 2010 in which to correct all of the deficiencies outlined herein, at the direction and to the satisfaction of the East Providence Fire Marshal's office.  The Board further grants the East Providence Fire Marshal's office the authority to extend the above deadline for good faith efforts made by the Applicant.
	During the March 3, 2009 hearing, the Board was advised that the Applicant shall correct deficiency 1 by providing the basement of this facility, including both sides of glass partitions, with approved sprinkler coverage installed at the direction and to the satisfaction of the East Providence Fire Marshal's office.  In addition, the Board notes that the Applicant proposes to extend the new sprinkler system to continue up through the three (3) stair enclosures that serve the lower level, in order to resolve other issues herein.  Accordingly, the Applicant shall have the above time to correct this deficiency as presented, at the direction and to the satisfaction of the East Providence Fire Marshal's office.  
	2.  The Board hereby grants the Applicant the above time to upgrade the fire alarm system within this facility, at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3.
	4.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing janitor closet with its non-rated door, conditioned upon the Applicant providing sprinkler coverage in this area, in accordance with the proposed March 3, 2009 plan of action.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 to the satisfaction of the East Providence Fire Marshal's office.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	7(2).  The Board hereby directs the Applicant to correct deficiency 7(2) in accordance with the March 3, 2009 plan of action, within the time frames granted in item 1 above.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing the cited emergency lighting at the direction and to the satisfaction of the East Providence Fire Marshal in accordance with the March 3, 2009 plan of action within the time frames outlined in item 1 above.
	9 (from the March 3, 2009 plan of action).  The Board hereby grants a variance from the provisions of section 7.1.3.2.1 in order to allow the Applicant to maintain the fixed panel wire glazing, in conjunction with sprinkler coverage on both sides. 
	10 (from the March 3, 2009 plan of action).  The Board hereby grants a variance from the provisions of section 15.3.6 in order to allow the Applicant to maintain the fixed tempered glass lights in metal frames above the classroom doors of this facility.
	11 (from the March 3, 2009 plan of action).  The Board hereby grants a variance from the provisions of section 15.2.1.1 in order to allow the Applicant to maintain the existing electrical panel and electrical closet that is accessed through the center stair enclosure within this school.  In granting a variance to allow the Applicant to maintain this existing condition, the Board directs the Applicant to comply with its proposed plan of action as outlined in item 11 of the March 3, 2009 plan of action report within the timelines outlined in item 1 above.
	12 (from the March 3, 2009 plan of action).  The Board hereby grants a variance from the provisions of section 7.2.2.4.4.6 in order to allow the Applicant to maintain the existing non-compliant historic center rail configuration.  

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)].