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 Richard and seconded by Commissioner Coutu 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 June 9, 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 June 9, 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 that the Applicant shall replace all of the stairway doors and transoms within this facility with approved, rated materials.  The Board was further advised that the Applicant sought a time variance from the sprinkler provisions of the code in light of the fact that new regulations were being developed for educational occupancies.  Accordingly, the Board hereby grants the Applicant a time variance until January 30, 2004 in which to correct deficiency 1 or present the Board with an approved plan of action for the correction of deficiency 1 in light of the new code covering this facility.
	
2.  The Board hereby directs the Applicant to correct deficiency 2 by providing the cited boiler room with approved doors and assemblies, equipped with self-closing devices.  The above doors shall open inward and shall be approved by the Providence Fire Marshal’s office and installed on or before the commencement of the 2003-2004 school year.  
	
3(a)-3(d).  The Board hereby directs the Applicant to correct deficiencies 3a, 3b, 3c, and 3d at the direction and to the satisfaction of the Providence Fire Marshal’s office prior to the commencement of the 2003-2004 school year.  
	
3(e).  The Board hereby grants a variance in order to allow the Applicant to maintain the main entrance foyer/exit doors and assemblies as outlined in deficiency 3(e).  In granting this variance, it is the understanding and direction of the Board that the Applicant shall maintain four separate egress routes from the auditorium of this facility.
	
4.  The Board hereby directs the Applicant to correct deficiency 4 by providing the Providence Fire Marshal’s office with approved certification of the stage curtains and the curtains on the egress door, or by removing the same, on or before the commencement of the 2003-2004 school year.
	
5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by repairing the cited exit sign in the boys’ gymnasium.
	
6(a).  It is the understanding of the Board that the Applicant has corrected deficiency 6(a) by repairing the cited emergency lighting within this facility.
	
6(b).  The Board hereby directs the Applicant to correct deficiency 6(b) by retesting the cited generator and providing the Providence Fire Marshal with approved documentation within 30 days from the date of this hearing.
	
7.  The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with approved fire extinguishers.  The Board hereby grants a variance from the provisions of NFPA Standard 10, 1988 edition, in order to allow the Applicant to reinstall extinguishers in wall cases at the proper level, at the direction and to the satisfaction of the Providence Fire Marshal.  In any event, the fire extinguishers shall be reinstalled within this facility on or before the commencement of the 2003-2004 school year.
	
8.  The Board hereby grants a time variance in order to allow the Applicant to properly seal off the cited glass transoms throughout this facility at the direction and to the satisfaction of the Providence Fire Marshal, on or before January 1, 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)].