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 Marshals David Costa and Charles Lawrence of the Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.  

FINDINGS OF FACT
	The number of the Decision below correspond with those of a January 10, 2003 inspection 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 January 21, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the January 10, 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.
	The Board finds this facility to be a three story masonry building constructed over a full basement.  The approximate footprint of the building is one hundred ninety (190) feet by two hundred sixty-five (265) feet.  There are for egress stairways for student use which may be accessed from all floors.  There are two additional staircases identified as teacher staircases.  This building is equipped with a municipally-connected fire alarm system, illuminated exit signs and fire extinguishers.
	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 
Original Inspection Items:
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by removing the cited storage of boxed and other materials partially obstructing the left corridor from the auditorium.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by replacing the cited door at the rear of the cafeteria near B-14, and by properly repairing the cafeteria door near the kitchen help room.
	3.  The Board hereby grants a time variance, in order to allow the Applicant to repair the cited emergency power generator, on or before February 28, 2003.  In granting this variance, it is the understanding of the Board that, during the above period, this facility shall only be occupied during the daylight hours.
	4.  It is the understanding of the Board that the Applicant has corrected the majority of deficiencies cited in deficiency 4 by replacing and/or replacing the self-closures on the cited doors.  The Board hereby grants the Applicant a time variance in order to correct deficiencies 4(C) and 4(K), on or before February 28, 2003.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by removing the cited storage of partitions, books, desks and other items from the cited staircase near room B-7.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by repairing the cited exit signs in the gym areas.
	7.  The Board hereby grants a time variance, until February 28, 2003, in order to allow the Applicant to provide the Providence Fire marshals Office with approved certification of the testing of and readiness of the generator in this facility.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by maintaining and/or replacing the cited fire extinguishers. 


Re-inspection Items:
	1.  The Board hereby grants a time variance in order to allow the Applicant to temporarily repair the cited right door in the girls gym, on or before February 28, 2003.  In granting this variance, it is the understanding and direction of the Board that the Applicant shall replace all of the egress doors in this facility, with fully compliant doors, prior to the commencement of the school year in September of 2003.
	2.  The Board directs the Applicant to immediately remove the slide lock on the exterior of the cited door to the weight room.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by repairing the cited exit signs.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by replacing the cited fire extinguishers.

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)].