The above-captioned case was scheduled for an expedited hearing on January 21, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Coutu, Filippi, Newbrook, Richard, OConnell, Preiss and Wahlberg were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Costa and Charles Lawrence of the Providence Fire Marshals Office.  A motion was made by Commissioner Wahlberg 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 December 23, 2002 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Fire Marshals Office during the January 21, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the December 23, 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.
	In light of the above report and the testimony taken during the January 21, 2003 hearing, the Board further finds that this school complex consists of three masonry-constructed buildings.  There is a main building, a gymnasium/cafeteria, and a physical plant building.
	The main building is three stories in height with a ground level that is partially below grade.  The total area of the main building is reported to be 196,000 square feet.  The building has six (6) egress stairways which discharge directly to the outside.  There are two child daycare rooms on the ground level.
	The gymnasium/cafeteria is a two-story gymnasium connected by a central staircase to a single level cafeteria.  The total area of this building is reported to be twenty-eight thousand (28,000) square feet.  Both sides of this structure have exits directly to the outside.
	The separate physical plant building is a one level building with a calculated area of approximately six thousand three hundred fifty-one (6,351) gross square feet.  This figure is based upon the dimensional measurements provided by the Providence Fire Marshals Office.
	With the exception of the outstanding items listed below, it is the understanding of the Board that all other deficiencies in this facility have been corrected by the Applicant.  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 defined in section 23-28.1-4(3) of the Rhode Island General Laws. 

CONCLUSIONS AND VARIANCE REQUESTS
1.	It is the understanding of the Board that the Applicant has corrected deficiency 1, by completely cleaning the cited storage from the left rear exit of the auditorium, to the satisfaction of the Providence Fire Marshals Office.
2.	It is the understanding of the Board that the Applicant has corrected deficiency 2, by locking the cited security gates, in an open position, during all daytime hours of student occupancy.  This arrangement is acceptable to the Providence Fire Marshals Office.
3.	During the January 21, 2003 hearing on this matter, the Board was advised that the Applicant corrected deficiency 3, by removing the cited flammable materials on the wall near the assistant principals office.
4 (A).  During the January 21, 2003 hearing on this matter, the Board was advised that the Applicant corrected deficiency 4(A), by removing the cited chains from the four (4) cafeteria doors.  The Applicant is directed to never so obstruct these doors in the future.
4 (B).  During the January 21, 2003 hearing on this matter, the Board was advised that the Applicant corrected sections 2, 3, 4, 5, 6 and 7 of deficiency 4(B), by repairing or replacing the cited broken door closures.  During the January 21, 2003 hearing, the Board directed the Applicant to correct the remainder of deficiency 4(B) (section 1), by replacing the door to the staircase from the Mechanical Drawing Room, by the opening of school on Monday, January 27, 2003.
4(C).  During the January 21, 2003 hearing on this matter, the Board was advised that the Applicant had corrected that portion of deficiency 4(C) relating to the wood framing of the cited doors.  The Applicant originally requested a time variance in order to allow him to correct the remaining portions of deficiency 4(C), dealing with the cited excessive glass, as part of the ongoing two (2) year program for renovating the high school.  However, at the end of this hearing, the Board directed the Applicant that all of the deficient doors within this facility were to be replaced prior to re-occupancy in September of 2003.  Accordingly, the Board hereby grants the Applicant a time variance, until the commencement of the school year in September of 2003, to correct the remainder of deficiency 4(C) by replacing the cited doors.
5.	It is the understanding of the Board that the Applicant has corrected deficiency 5, by repairing and properly maintaining all of the exit signs throughout this complex.
6.	During the January 21, 2003 hearing on this matter, the Board was advised that this facility has two (2) emergency power generators.  One is currently operational and the other is being repaired.  The generator being repaired services part of the emergency lighting system.  Emergency lighting is necessary in the event there is a fire during the evening or at night when natural lighting is not available.  During the hearing, several members of the Board suggested that the functioning generator could be re-wired in order to provide emergency lighting throughout the complex.  The Applicant has agreed to explore this possibility.
Pursuant to the conditions outlined below, the Board hereby grants the Applicant a time variance, until February 28, 2003, to either re-wire the emergency lighting system to the operational generator or report back to the Board with a progress report and a plan of action for the long-term correction of this deficiency.  As a condition of this time variance, the Board hereby directs the Applicant to limit occupancy, of those areas of this facility without approved emergency lighting, to the daylight hours.  During this day light period, there would not be a need for the emergency lighting because of the existence of adequate natural lighting.  Specifically, there shall be no student or other public occupancy in the non-compliant areas of this facility after 4:00 PM until this issue is resolved to the satisfaction of the Providence Fire Marshals Office.
In granting this restricted time variance, it is the further understanding and direction of the Board that all student sporting and other events take place in a separate building which has compliant emergency lighting.
7.	It is the understanding of the Board that the Applicant has corrected deficiency 8 by properly sealing off the cited transoms with approved fire rated materials.

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)].