The above-captioned case was scheduled for hearing on July 22, 2003 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Richard and Coutu were present.  Chairman Farrell recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal David Costa of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Wahlberg 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 July 10, 2003 inspection report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the July 22, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the July 10, 2003 inspection report as its initial findings of fact.  Any modification of the Board’s 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.  During the July 22, 2003 hearing on this matter, the Board was advised by the Applicant that he sought additional time in which to develop a plan for the sprinklering of this facility in light of the newly enacted regulations.  Accordingly, the Board grants the Applicant a time variance until January 30, 2004 to either correct this deficiency or to submit an approved plan of action covering this deficiency.
	
2.  The Board hereby directs the Applicant to correct deficiency 2 by sealing off the abandoned ventilation duct work at the direction and to the satisfaction of the Providence Fire Marshal, on or before the commencement of the 2003-2004 school year.
	
3.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing brass and wood front doors leading from the auditorium of this facility.  The Board further grants the Applicant a time variance in order to correct the excessive glass panels in doors found in rooms C1 and C2, at the direction and to the satisfaction of the Providence Fire Marshal, on or before September 1, 2004.  The Board hereby directs the Applicant to correct the remainder of deficiency 3 at the direction and to the satisfaction of the Providence Fire Marshal on or before the commencement of the 2003-2004 school year.
	
4(a).  The Board hereby grants the Applicant a time variance in order to correct deficiency 4(a) on or before September 1, 2004.
	
4(b)(c)(d).  The Board hereby directs the Applicant to correct deficiencies 4(b), 4(c) and 4(d) at the direction and to the satisfaction of the Providence Fire Marshal, on or before the commencement of the 2003-2004 school year.
	
5.  The Board hereby directs the applicant to correct deficiency 5 by removing or sealing off the cited storage closets, at the direction and to the satisfaction of the Providence Fire Marshal, on or before the commencement of the 2003-2004 school year.
	
6.  The Board hereby directs the Applicant to correct deficiency 6 by providing the Providence Fire Marshal’s office with approved certification of the cited auditorium stage and door curtains, on or before the commencement of the 2003-2004 school year.
	
7.  The Board hereby directs the applicant to correct deficiency 7 by repairing or replacing the cited exit signs at the direction and to the satisfaction of the Providence Fire Marshal on or before the commencement of the 2003-2004 school year.
	
8.  The Board hereby directs the Applicant to correct deficiency 8 by providing the Providence Fire Marshal’s office with approved documentation verifying the status of the emergency power generator at the direction and to the satisfaction of the Providence Fire Marshal on or before the commencement of the 2003-2004 school year.
	
9.  The Board hereby directs the Applicant to correct deficiency 9 by replacing the cited missing fire extinguishers at the direction and to the satisfaction of the Providence Fire Marshal’s office on or before the commencement of the 2003-2004 school year.
	
10.  The Board hereby directs the Applicant to correct deficiency 10 by properly sealing off the cited transoms at the direction and to the satisfaction of the Providence Fire Marshal’s office on or before January 1, 2004.
	
11.  During the July 22, 2003 hearing on this matter, the Board was advised that the oven within the kitchen of this facility did not generate grease laden vapors, but was only utilized for warming food.  Accordingly, the Providence Fire Marshal’s office advised the Board that the kitchen at the Nathaniel Greene Middle School would probably need a follow-up inspection.  The Board shall allow this issue to remain open until our follow-up hearings in January of 2004.

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 Applicant’s 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 Board’s 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 Board’s 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)].