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 Wahlberg and seconded by Commissioner Preiss 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 13, 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 13, 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by sealing off the cited abandoned ventilation shafts throughout this facility.
	
2.  The Board hereby grants a variance from the provisions of section 23-28.12-27 in order to allow the Applicant to provide access to an emergency means of egress from the gymnasium by fire escape ladders.  However, as a condition of this variance, the Board directs the Applicant to provide an approved platform and stairs outside of the door at the direction and to the satisfaction of the Providence Fire Marshal’s office prior to the commencement of the 2003-2004 school year or the use of the gymnasium by the students.  The above variance is based on structural hardship in the absence of any objection by the Providence Fire Marshal’s office.
	
3.  The Board hereby directs the Applicant to correct deficiency 3 at the direction and to the satisfaction of the Providence Fire Marshal’s office prior to the commencement of the 2003-2004 school year.
	
4.  See item 2 above.
	
5.  The Board hereby directs the Applicant to correct deficiency 5 by providing the approved documentation of the flame spread rating of the stage, door and window curtains within this facility.  The above documentation shall be provided to the Providence Fire Marshal’s office on or before the commencement of the 2003-2004 school year.
	
6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 to the satisfaction of the Providence Fire Marshal.
	
7.  The Board hereby directs the Applicant to correct deficiency 7 by providing the cited boiler room with an approved fire extinguisher 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 sealing off the cited transoms at the direction and to the satisfaction of the Providence Fire Marshal, on or before January 1, 2004.
	
9.  The Board hereby directs the Applicant to correct deficiency 9 by removing the cited storage and the piano blocking the egress system of this facility at the direction and to the satisfaction of the Providence Fire Marshal, prior to the commencement of the 2003-2004 school 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 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)].