The above-captioned case was scheduled for hearing on July 24, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Preiss, Jackson, Jasparro and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Lisa Krapf of the Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Vice Chairman 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 May 29, 2007 variance request letter submitted by the Applicants architect, Rhinebeck Architecture and Planning PC.  The above letter was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the July 24, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the May 29, 2007 Rhinebeck variance request letter 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.  The Board hereby grants the Providence Fire Marshal's office the authority to issue a temporary certificate of occupancy for the dining room space and any other area within this facility deemed appropriate by the Providence Fire Marshal's office.
	2.  The Board hereby grants a variance in order to allow the Applicant to maintain temporary stairs in the Middle School of this facility from September of 2007 to the end of January in 2008.  As a condition of this variance, the Board directs that those doors with reduced heights shall either be painted or padded at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board further directs that the risers be closed at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board further directs that additional rails be provided at the direction and to the satisfaction of the Providence Fire Marshal's office.  Finally, the Board directs the Applicant to comply with any additional safeguards deemed necessary by the Providence Fire Marshal's office including non-slip surfaces on the plywood.
	3.  As a final request of the parties, the Board hereby directs that this file shall remain open until such time as a final certificate of occupancy is issued for this facility.

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)].