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 Richard 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(a)(b).  It is the understanding of the Board that the Applicant has corrected deficiencies 2(a) and 2(b) to the satisfaction of the Providence Fire Marshal.
	
3.  The Board hereby directs the Applicant to correct deficiency 3 by repairing the cited door to the room housing the emergency generator and properly rating the same, at the direction and to the satisfaction of the Providence Fire Marshal, prior to the commencement of the 2003-2004 school year.
	
4.  The Board hereby directs the Applicant to correct deficiency 4 by properly sealing off the cited open ventilation shafts throughout this building, at the direction and to the satisfaction of the Providence Fire Marshal, prior to the commencement of the 2003-2004 school year.
	
5.  During the July 22, 2003 hearing on this matter, the Board was advised that the Applicant has provided a second means of egress from the boys’ and girls’ gymnasium.  The Board was further advised that the Applicant would correct deficiency 5, at the direction and to the satisfaction of the Providence Fire Marshal, prior to the commencement of the 2003-2004 school year.  Accordingly, the Board directs the applicant to so correct deficiency 5.
	
6.  The Board hereby directs the Applicant to correct deficiency 6 with regard to the gas meter vents within this facility, at the direction and to the satisfaction of the Providence Fire Marshal’s office, prior to the commencement of the 2003-2004 school year.
	
7(a).  The Board hereby directs the Applicant to correct deficiency 7(a) by providing the cited doors with approved closures, installed at the direction and to the satisfaction of the Providence Fire Marshal, prior to the commencement of the 2003-2004 school year.
	
7(b).  The Board hereby grants the Applicant a time variance until September 1, 2004 in which to correct deficiency 7(b) by providing sixty (60) minute approved doors and assemblies leading into stairwells A, B, C, D, E and F, at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
7(c)(d).  It is the understanding of the Board that the Applicant has corrected deficiencies 7(c) and 7(d) at the direction and to the satisfaction of the Providence Fire Marshal.
	
8.  The Board hereby grants the Applicant a time variance, in order to correct deficiency 8, at the direction and to the satisfaction of the Providence Fire Marshal, on or before September 1, 2004.
	
9. The Board hereby directs the Applicant to correct deficiency 9 by verifying the cited flame spread rating for the stage curtains and exit doors into the auditorium, at the direction and to the satisfaction of the Providence Fire Marshal, prior to the commencement of the 2003-2004 school year.
	
10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by replacing the cited exit signs to the satisfaction of the Providence Fire Marshal’s office.
	
11.  The Board hereby directs the Applicant to correct deficiency 11 by providing this facility with approved emergency lighting throughout, at the direction and to the satisfaction of the Providence Fire Marshal’s office prior to the commencement of the 2003-2004 school year.
	
12.  The Board hereby directs the Applicant to correct deficiency 12 by removing the combustible storage in the auditorium backstage and the front exits of this facility at the direction and to the satisfaction of the Providence Fire Marshal’s office, prior to the commencement of the 2003-2004 school year.
	
13.  The Board hereby grants a variance from the provisions of NFPA 10, 1988 edition in order to allow the Applicant to store the cited fire extinguishers in existing cabinets at existing locations.  If new fire extinguishers are required to be hung in this facility, they shall be hung at the appropriate height.
	
14.  The Board hereby directs the Applicant to correct deficiency 14 by properly sealing off the cited transoms on or before January 1, 2004, at the direction and to the satisfaction of the Providence Fire Marshal’s office.

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)].