The above captioned case was scheduled for hearing on February 25, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Newbrook, Richard, Evans, Burlingame, Coutu, Pearson, Preiss, Wahlberg and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal John F. Woodard, Sr. of the Washington Fire Marshals Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Member Burlingame.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a February 1, 2002 inspection report compiled by the Washington Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Washington Fire Marshals Office.  During the February 25, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the February 1, 2002 inspection report as its initial findings of fact.  Any modification of the Boards findings such as correction of a deficiency 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.	The Board directs the Applicant to correct deficiency 1 by either reengineering the existing sprinkler system of this facility to provide approved sprinkler coverage both above and below the ceilings of the newly installed practice rooms of this facility or to remove the ceiling tiles to allow for complete unobstructed sprinkler coverage in the practice rooms, at the direction and to the satisfaction of the Washington Fire Marshals Office.  The above corrections shall be made within thirty (30) days from the date of this Decision.
2.	The Board directs the Applicant to correct deficiency 2 by properly maintaining the exit signs within this facility, at the direction and to the satisfaction of the Washington Fire Marshals Office.
3.	The Board directs the Applicant to correct deficiency 3 by relocating the existing emergency lighting to various designated areas as appropriate for the illumination for the path of an approved means of egress, at the direction and to the satisfaction of the Washington Fire Marshals Office.  The above corrections shall be made within sixty (60) days from the date of this Decision.
4.	The Board notes that upon correction of deficiency 1, deficiency 4 shall be considered correct.
5.	The Board notes that upon correction of deficiency 1, deficiency 5 shall be considered correct.

	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)].