The above-captioned case was scheduled for hearing on March 4, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Filippi, Walker, Jasparro, Blackburn and Richard were present.  Commissioner Preiss recused himself from consideration of this case.  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 Newbrook and seconded by Commissioner Blackburn 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 May 31, 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 March 4, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the May 31, 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 
	1-19.  The Board hereby grants the Applicant a time variance until the commencement of the 2008-2009 academic year to correct deficiencies 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19.  In addition, the Providence Fire Marshal noted that some of the exit system doors in this facility had been previously chocked open and/or tied open.  The Board understands that this creates a hazardous condition for the occupants of the school.  Accordingly, the Board hereby grants the Providence Fire Marshal's office the authority to direct the Applicant to install magnetic hold-open devices on such doors that the Providence Fire Marshal's office observes as being tied or chocked open in the future.  This authority would be discretionary.  Finally, at the request of the Applicant, the Board hereby maintains this as an open file in order to address any unresolved issues in the future.
	20.  During the March 4, 2008 hearing on this matter, it was noted that if the gymnasium is used for any other purpose than school functions, that three (3) compliant exits are required.  It was further noted that the gymnasium has three (3) sets of doors marked as exits.  However, one (1) discharges through another occupancy (the recreation center) and one (1) discharges into a locked fenced area (pool area).  The Board was further advised that the gymnasium would only be utilized for student occupancies and school use.  Accordingly, the Board directs the Applicant to provide the Providence Fire Marshal's office with a letter indicating that the use of the gymnasium shall be exclusively for school use and not for outside functions.  Accordingly, in order to provide two (2) means of egress from this student occupied gymnasium, the Board directs the Applicant to provide a rated corridor through the rec center and to remove the exit sign leading to the pool area.  The above modifications shall be completed on or before the commencement of the 2008-2009 academic year.
	21.  The Board hereby grants the Applicant a time variance in order to correct deficiency 21 on or before the commencement of the 2008-2009 academic year.
	22.  The Board hereby grants the Applicant a time variance in order to correct deficiency 22 by repairing the cited generator by the end of the spring break in April of 2008.
	23-29.  The Board hereby grants the Applicant a time variance in order to correct deficiencies 23, 24, 25, 26, 27, 28 and 29 at the direction and to the satisfaction of the Providence Fire Marshal's office prior to the commencement of the 2008-2009 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)].