The above-captioned case was scheduled for hearing on February 27, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Preiss, Filippi, OConnell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Lisa Krapf of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Burlingame and seconded by Commissioner Pearson 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 January 12, 2007 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the February 27, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the January 12, 2007 inspection report 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 the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
1.	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 2007/2008 academic year.
8.	The Board hereby directs the Applicant to correct deficiency 8 by installing approved fire rated doors with magnetic hold open devices in the cited areas of this facility, at the direction and to the satisfaction of the Providence Fire Marshals Office, prior to the commencement of the 2007/2008 academic year.
9-15.  The Board hereby directs the Applicant to correct deficiencies 9-15, at the direction and to the satisfaction of the Providence Fire Marshals Office, prior to the commencement of the 2007/2008 academic year.
16.	The Board hereby grants a variance from the provisions of sections 15.2.2.3.1 and 7.2.2.5.3.2 in order to allow the Applicant to maintain the existing cited storage closets within the stair enclosure.  This variance is granted on the fact that the closet shall be sprinkled and have rated doors.
17-18.  The Board hereby directs the Applicant to correct deficiencies 17-18, at the direction and to the satisfaction of the Providence Fire Marshals Office, prior to the commencement of the 2007/2008 academic year.
19.	The Board hereby directs the Applicant to correct deficiency 19, by providing approved battery packs for the emergency lighting and further advises the Applicant that the Providence Marshals Office shall have the authority to require temporary additional emergency lighting in the area of any night time events being conducted at this facility.
20-25.  The Board hereby directs the Applicant to correct deficiencies 20-25, at the direction and to the satisfaction of the Providence Fire Marshals Office, prior to the commencement of the 2007/2008 academic year.
26.	As a condition of the time variances granted herein, the Board directs the Applicant to correct the remaining items listed on page 13 of the January 12, 2007 inspection report at the direction and to the satisfaction of the Providence Fire Marshals Office, prior to the commencement of the 2007/2008 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)].