The above captioned case was scheduled for hearing on August 27, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Coutu, Newbrook, Coutu, Evans, Preiss and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals Office.  An initial motion covering the first twenty-five (25) items below was made by Commissioner Newbrook and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion passed over Commissioners Burlingames opposition vote.  The Applicant thereupon requested approval of a temporary certificate of occupancy in conjunction with an approved fire watch.  Upon hearing this new request, Chairman Farrell recused himself from consideration of the matter.  A motion was thereupon made by Commissioner Newbrook and seconded by Commissioner Preiss in order to grant a temporary certificate of occupancy in conjunction with an approved fire watch.  See item 26 below.  This motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 18, 2002 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the August 27, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the August 18, 2002 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 defined in Section 23-28.1-4(3) of the Rhode Island General Laws.
	
CONCLUSIONS AND VARIANCE REQUESTS 
1-7.	It is the understanding and direction of the Board that the Applicant shall correct deficiencies 1, 2, 3, 4, 5, 6 and 7 to the satisfaction of the Providence Fire Marshals Office.
8.	The Board hereby grants a variance from the provisions of Life Safety Code Section 10-2.2.2.1 and 5-2.1.3 in order to allow doors 105B and 167B both to swing over a step down.  This variance is based upon structural hardship and involves areas that shall not be utilized as the main means of egress.
9.	The Board hereby grants a variance from the provisions of Life Safety Code Section 10-2.2.3 and 5-2.2.2.1 in order to allow the Applicant to maintain the existing headroom in stairs C and D.  This variance is based upon structural hardship.
10.	The Board hereby grants a variance from the provisions of Life Safety Code Section 10-2.2.3 and 5-2.2.3.6 in order to allow the Applicant to maintain the cited  variation between the existing risers in stairway C.
11.	The Board hereby grans a variance from the provisions of Life Safety Code Section 10-2.2.3 and 5-2.2.4.5(e) in order to allow the Applicant to provide stairs C and D as far as practicable, at the direction and to the satisfaction of the Providence Fire Marshals Office.  Specifically, this variance would allow the Applicant to either modify or eliminate handrail extensions on these stairs provided that the Providence Fire Marshals Office specifically approves this plan.
12-13.	The Board hereby directs the Applicant to correct deficiencies 12 and 13, at the direction and to the satisfaction of the Providence Fire Marshals Office.
14.	A.  The Board hereby grants the Applicant a time variance in order to correct deficiency 14A on or before January 1, 2003 to the satisfaction of the Providence Fire Marshals Office.
	B.  The Board hereby grants the Applicant a time variance in order to correct deficiency 14B by providing an approved egress door from room 123 to the gymnasium on or before January 1, 2003 to the satisfaction of the Providence Fire Marshals Office.  The Board notes that the plan review report citing classroom 125 was in fact to be classroom 123.
15.	The Board hereby directs the Applicant to correct deficiency 15, at the direction and to the satisfaction of the Providence Fire Marshal.
16.	The Board hereby grants a variance from the provisions of Life Safety Code Section 10-2.7 and 5-7.2 in order to allow the Applicant to maintain the existing egress from the basement and mechanical room of this facility.  In granting this variance, it is the understanding of the Board that the mechanical room is not a normally occupied space.
17-18.	The Board hereby directs the Applicant to correct deficiencies 17 and 18, at the direction and to the satisfaction of the Providence Fire Marshals Office.
19.	A.  During the August 27, 2002 hearing on this matter, the Board was advised that the Corridors of this facility were not required to be rated in light of the Applicants sprinkler system.  However, the corridors would require maintaining an approved smoke barrier.  The Board was further advised that the corridor walls did not terminate at the roof deck.  An initial motion was made by Commissioner Wahlberg and seconded by Commissioner Burlingame to require the Applicant to either terminate the corridor walls at the roof deck or to provide an approved gypsum board ceiling within the corridor area.  However, the motion failed.  Accordingly, the Board directs the Applicant to provide the existing ceiling tiles within the corridor with approved hold down clips in accordance with NFPA 101, 2000 Edition A-6-2.4.2.  This variance is granted pursuant to the Boards understanding that this facility is equipped with an approved sprinkler and fire alarm system.  However, in the future, the Board shall determine the acceptability of such a system on a case by case basis.  Accordingly, the Boards granting of this variance on a proscriptive basis after the ceiling assembly was completed shall not be considered president in future cases.  The Board further notes the objection of the Providence Fire Marshals Office as fully outlined in the attached August 29, 2002 correspondence incorporated herein by reference.
	B.  The Board directs the Applicant to correct deficiency 19B, at the direction and to the satisfaction of the Providence Fire Marshal.
20-25.	The Board hereby directs the Applicant to correct deficiencies 20, 21, 22, 23, 24 and 25, to the satisfaction of the Providence Fire Marshal.
26.	During the August 27, 2002 hearing on this matter, the Board was advised by the Applicant that he sought approval of a temporary certificate of occupancy for this facility.  The Board was further advised that all of the major fire protection systems were fully operational and that the Applicant would provide an approved fire watch until a full certificate of occupancy was issued for the entire building.  In light of the above, the Board hereby grants the Providence Fire Marshals Office to approve a temporary certificate of occupancy covering this entire building until January 1, 2003.  As a condition of this variance, the Board directs the Applicant to provide this facility with an approved fire watch during all hours of school occupancy until a permanent certificate of occupancy is issued.  The Board notes that Chairman Farrell recused himself from discussion, consideration and voting on this final item in this Decision.

	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.  
	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.   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.  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.  
	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)].