The above-captioned case was scheduled for hearing on March 1, 2005 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Preiss, Newbrook, Filippi, Evans, OConnell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jonathan DePault of the North Smithfield Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook 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 February 7, 2003 inspection report compiled by the North Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Smithfield Fire Marshals Office during the March 1, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the February 7, 2003 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 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.  The Board hereby grants the Applicant a time variance until the commencement of the 2005-2006 academic year to correct deficiency 1 by providing the existing door casings with an approved double 5/8 covering on both sides at the direction and to the satisfaction of the North Smithfield Fire Marshals office.  The Applicant is further directed, within this time period, to retrofit approved doors into the modified frames, at the direction and to the satisfaction of the North Smithfield Fire Marshals office.  In granting this variance, the Board notes that this is a high school with (3) three places of assembly and that the egress doors and hallways are utilized as part of the egress system for this occupancy.
	2.  The Board hereby grants the Applicant a time variance until the commencement of the 2005-2006 academic year to correct deficiency 2 by bringing the new egress doors and locking assemblies into full compliance with the cited sections 15.2.2.2.2 and 7.2.1.7 et seq.  
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by upgrading the fire alarm system of this facility at the direction and to the satisfaction of the North Smithfield Fire Marshals office.
	4.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the food preparation and/or cooking facility with approved suppression in accordance with NFPA Standard 96 at the direction and to the satisfaction of the North Smithfield Fire Marshals 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)].