The above-captioned cases were scheduled for hearing on April 5, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Pearson, Burlingame, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Lisa Krapf of the Providence Fire Marshals Office.

FINDINGS OF FACT

	The numbers of the Decision below correspond with those of a plan of action report prepared by the Applicant, for the Providence Schools, as part of the submitted variance applications.  The plan of action report addressed the various inspection reports, issued by the Providence Fire Marshals Office, covering these facilities.  The above plan of action report was utilized by the Board, the Applicant and the Fire Marshals Office during the April 5, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the plan of action report, along with the referenced inspection reports of the Providence Fire Marshals Office and prior applicable Decisions of the Board, 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 this code, or as approved in particular by the State Fire Marshal of his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 

240 Laban Street (Laura Hill Annex Elementary)
	A motion, addressing the proposed plan of action for file number 050027, was made by Commissioner Burlingame and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.  The motion addressed the following items and plan of action for this facility.
	1.  The Board hereby directs the Applicant to correct Deficiency 1 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.  As part of this relief, the Board further directs the Applicant to provide bollards around playground area oil fill at the direction and to the satisfaction of the Providence Fire Marshals Office.
	2-10.  The Board hereby directs the Applicant to correct Deficiencies 2-10 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	11.  The Board hereby grants a variance to allow the small class of first, second and third grade special education students to share a common means of egress.
	12-14.  The Board hereby directs the Applicant to correct Deficiencies 12-14 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.  The Board further directs the Applicant to replace the cited sprinkler heads, that are more than fifty years old, at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.

158 Messer Street (Asa Messer Elementary School)
	A motion, addressing the proposed plan of action for file number 050028, was made by Vice Chairman Coutu and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.  The motion addressed the following items and plan of action for this facility.
	1-11.  The Board hereby directs the Applicant to correct Deficiencies 1-11 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	12.  The Board hereby directs the Applicant to correct Deficiency 12 by providing approved egress from the basement classrooms, or vacate these classrooms, at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	13-15.  The Board hereby directs the Applicant to correct Deficiencies 13-15 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	16.  The Board hereby directs the Applicant to correct Deficiency 16, by providing an approved landing, at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	17-28.  The Board hereby directs the Applicant to correct Deficiencies 17-28 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	29.  At the end of the hearing on this building, the Board was advised that the Applicant sought to maintain the door of the Nurses Office, which opens into the stair enclosure, in an open position.  The Board hereby directs the Applicant to either provide the Nurses Office with approved magnetic hold-open devices, or to maintain the door closed, at the direction and to the satisfaction of the Providence Fire Marshals Office.

245 Althea Street (Asa Messer Annex Elementary School)
	A motion, addressing the proposed plan of action for file number 050029, was made by Vice Chairman Coutu and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.  The motion addressed the following items and plan of action for this facility:
	1-7.  The Board hereby directs the Applicant to correct Deficiencies 1-7 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	8.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing slope of cited floor of the basement storage room.  In granting this variance, the Board directs the Applicant to maintain this area as off limits to the students in this facility.
	9.  The Board hereby grants a variance in order to allow the Applicant to maintain the cited swing of the basement doors located in the south stair.  The variance is granted on the basis of structural hardship.
	10-18.  The Board hereby directs the Applicant to correct Deficiencies 10-18 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	The Board further directs the Applicant to appropriately safeguard, or remove, the cited flammable cabinet, in the basement egress system, outside the stair enclosure, at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	The Board hereby upholds the limitation of artwork and other combustible teaching materials to fifty (50) percent of the total classroom wall area.  In clarifying this requirement for the Applicant, the Board directs the Applicant to maintain a clear area of three (3) feet around the exit access door(s) and to eliminate all dangling combustibles hanging on strings or other non-wall surfaces and/or projections, at the direction and to the satisfaction of the Providence Fire Marshals Office.  The Board notes that laminated sheets, permanently affixed to the classroom doors, and installed, at the direction and to the satisfaction of the Providence Fire Marshals Office, may be included in the above artwork and other teaching materials.

159 Sacket Street (Feinstein  Sacket Elementary School)
	A motion, addressing the proposed plan of action for file number 050176, was made by Commissioner Burlingame and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.  The motion addressed the following items and plan of action for this facility.
	1-6.  The Board hereby directs the Applicant to correct Deficiencies 1-6 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	7.  the Board hereby directs the Applicant to correct Deficiency 7 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.  Specifically, with regard to item 7C, the Board directs the Applicant to develop a plan with the Providence Fire Marshal to protect the sprinkler pipe from freezing, and protect the cited ceiling area, with possible modification of the sprinkler heads.
	8-18.  The Board hereby directs the Applicant to correct Deficiencies 8-18 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	19.  The Board hereby directs the Applicant to correct Deficiency 19, by relocating the kindergarten and first grade students to the level of exit discharge, at the direction and to the satisfaction of the Providence Fire Marshals Office, prior to the commencement of the 2005-2006 academic year.
	20.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing elevated toilet room in the teachers lounge.  This variance is granted on the basis of structural hardship.
	21-26.  The Board hereby directs the Applicant to correct Deficiencies 21-26 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	27.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing protection of the electric stove located in the teachers lounge.  This variance is granted pursuant to the Applicants representation that the range is only used for the warming of food as opposed to cooking.
	Finally, the Board directs the Applicant to provide handrails on exterior doors 1 and 2 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.

29 Bainbridge Street (West Broadway Elementary School)
	A motion, addressing the proposed plan of action for file number 050030, was made by Vice Chairman Coutu and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.  The motion addressed the following items and plan of action for this facility:
	1-19.  The Board hereby directs the Applicant to correct Deficiencies 1-19 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	20.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing sloping floor near the speech room door.  This variance is based upon structural hardship.
	21-24.  The Board hereby directs the Applicant to correct Deficiencies 21-24 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	25.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing swing of the boiler room door.  This variance is based upon structural hardship.
	26-31.  The Board hereby directs the Applicant to correct Deficiencies 26-31 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.

234 Daboll Street (Fortes & Lima Elementary Schools)
	A motion, addressing the proposed plan of action for file number 970147, was made by Commissioner Burlingame and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.  The motion addressed the following items and plan of action for this facility:
	1.  The Board hereby directs the Applicant to correct Deficiency 1, by maintaining the cited equipment at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.  The Board further directs the Applicant to provide the egress system doors with approved magnetic hold-open devices, starting with the stairway doors and extending to the other egress doors, at the direction and to the satisfaction of the Providence Fire Marshals Office.
	2-24.  The Board hereby directs the Applicant to correct Deficiencies 2-24 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	25.  The Board directs the Applicant to immediately correct deficiency 25 by eliminating the sources of all seven (7) trouble signals on the fire alarm system.  If the system is not in full compliance within four (4) hours of the hearing, the applicant is directed to post a fire watch.  If the system is not in full compliance within seven (7) days of the hearing date, the Board directs the Applicant to provide this complex with a paid fire fighter detail, during all hours of student occupancy, at the direction and to the satisfaction of the Providence Fire Marshals Office.
	26-27.  The Board hereby directs the Applicant to correct Deficiencies 26 and 27 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	The Board further directs the Applicant to immediately provide the cited fire pump connection with approved caps, to also immediately address the low battery problem with the fire alarm panel, and to also immediately have the generator annunciate at the fire alarm panel.  Finally, the Board directs the Applicant to repair or replace the floor tiles on the second floor and to further provide the door of the nurses office with an approved magnetic hold open device installed at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.

464 Daboll Street (Sodexo School Commissary)
	1-3.  The Board hereby directs the Applicant to correct Deficiencies 1 through 3 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	4.  The Board hereby directs the Applicant to properly maintain the guards on the loading dock and to maintain this area off limits to students.
	5.  The Board hereby directs the Applicant to correct Deficiency 5 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.

425 Branch Avenue (Windmill Annex Elementary School)
	A motion, addressing the proposed plan of action for file number 030266, was made by Vice Chairman Coutu and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.  The motion addressed the following items and plan of action for this facility:
	1-5.  The Board hereby directs the Applicant to correct Deficiencies 1-5 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	6.  The Board hereby grants a variance in order to allow the Applicant to maintain the cited storage closet, with the existing fire-rated door and dry pipe sprinkler head, as previously approved by the Board.
	7-14.  The Board hereby directs the Applicant to correct Deficiencies 7-14 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	15.  The Board hereby directs the Applicant to correct Deficiency 15, by providing the cited storage closets with approved doors at the direction and to the satisfaction of the Providence Fire Marshals Office.  The Board notes that this should have been addressed as part of the original Decision covering this building.
	Finally, the Board directs the Applicant to immediately lower the fire alarm decibel level consistent with the fire alarm provisions of the fire code.

1450 Broad Street (Feinstein  Broad St. Elementary School)
	A motion, addressing the proposed plan of action for file number 030264, was made by Commissioner Burlingame and seconded by Vice Chairman Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.  The motion addressed the following items and plan of action for this facility:
	1-5.  The Board hereby directs the Applicant to correct Deficiencies 1-5 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	6.  The Board hereby grants a variance in order to allow the Applicant to maintain and utilize the cited storage closet, with the existing fire-rated door and sprinkler head.
	7.  The Board hereby directs the Applicant to correct deficiency 7, as it relates to the new generator in this facility, within seven (7) days of the hearing date.
	8-9.  The Board hereby directs the Applicant to correct Deficiencies 8 & 9 at the direction and to the satisfaction of the Providence Fire marshals Office prior to the commencement of the 2005-2006 academic year.  Specifically, the Applicant is directed to tie in the cited active fire protection devices into the emergency power system on or before the above date.
	10-18.  The Board hereby directs the applicant to correct Deficiencies 10-18 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	19.  The Board hereby directs the Applicant to correct Deficiency 19 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.  Specifically, the Applicant is directed to tie in the cited active fire protection device into the emergency power system on or before the above date.

50 Obediah Brown Road (Pleasant View Elementary School)
	A motion, addressing the proposed plan of action for file number 050024, was made by Commissioner OConnell and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.  The motion addressed the following items and plan of action for this facility:
	1-2.  The Board hereby directs the Applicant to correct Deficiencies 1 & 2 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	3.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing dimensions of the cited corridor door.
	4-18.  The Board hereby directs the Applicant to correct Deficiencies 4-18 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.

199 Oxford Street (Mary E. Fogarty Elementary School)
	A motion, addressing the proposed plan of action for file number 050026, was made by Commissioner Preiss and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.  The motion addressed the following items and plan of action for this facility:
	1-2.  The Board hereby directs the Applicant to correct Deficiencies 1 & 2 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	3.  The Board hereby grants a variance in order to allow the applicant to maintain additional security devices, on the cited egress doors of this facility, during the hours that the school is not occupied by students.  However, these doors must be completely unsecured, at the direction and to the satisfaction of the Providence Fire Marshals Office, during all hours of student occupancy.  This relief is granted to provide security for the janitors of this facility who shall further be equipped with the appropriate key(s) to unlock any of the secured doors.
	4-7.  The Board hereby directs the Applicant to correct Deficiencies 4-7 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.
	8.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing exit discharge from the south stair to the exterior through a very limited space.
	9-24.  The Board hereby directs the Applicant to correct Deficiencies 9-24 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2005-2006 academic year.  In addition, the Board directs the Applicant to properly enclose the boiler room, to address the cited half wall with either an alarmed shutter or other device acceptable to the Providence Fire Marshal, and to remove the gas range from the custodian area in the basement prior to the commencement of the 2005-2006 academic year.

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)].