The above-captioned case was scheduled for hearing on January 20, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Richard, Burlingame and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Claude Laflamme of the Cumberland Hill Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Wahlberg 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 a July 1, 2003 inspection report compiled by the Cumberland Hill Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Cumberland Hill Fire Marshal’s Office during the January 20, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the July 1, 2003 inspection report as its initial findings of fact.  Any modification of the Board’s 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 the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. It is the understanding and direction of the Board that the Applicant has corrected deficiency #1 by maintaining the cited walkways from the egress doors in the cafeteria leading directly to the public area.  Specifically, the Applicant shall maintain these walkways free of ice and snow and other debris at all times at the direction and to the satisfaction of the Cumberland Hill Fire Marshal’s Office.

2, 3 and 4. It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3 and 4 at the direction and to the satisfaction of the Cumberland Hill Fire Marshal’s Office.
	
5. The Board hereby grants the Applicant a time variance in order to correct deficiency #5 on or before the commencement of the 2004-2005 academic school year in September 2004.
	
6. It is the understanding of the Board that deficiency #6 is moot and not a violation.		

7, 8, 9, 10, 11,12, 13 and 14. It is the understanding of the Board that the Applicant has corrected deficiencies 7, 8, 9, 10, 11, 12, 13 and 14 at the direction and to the satisfaction of the Cumberland Hill Fire Marshal’s Office.
	
15. See item # 38 below.
	
16, 17 and 18. It is the understanding of the Board that the Applicant has corrected deficiencies 16, 17 and 18.	
	
19 and 20. It is the understanding of the Board that deficiencies 19 and 20
are now moot.
	
21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 and 37. It is the understanding of the Board that the Applicant has corrected deficiencies 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 and 37 at the direction and to the satisfaction of the Cumberland Hill Fire Marshal’s Office.
	
38. The Board hereby grants the Applicant a time variance in order to have a mechanical engineer address deficiencies 15 and 38 and submit a plan of action to the Cumberland Hill Fire Marshal’s Office on or before June 30, 2004.  The Board hereby authorizes the Cumberland Hill Fire Marshal’s Office to thereupon grant the Applicant a reasonable time in order to implement the plan of action developed by the mechanical engineer for correction of deficiencies 15 and 38.
	
39 and 40. It is the understanding of the Board that the Applicant has corrected deficiencies 39 and 40.

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 Applicant’s 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 Board’s 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 Board’s 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)].