The above-captioned case was originally scheduled for hearing on August 24, 1999 at 1:30 PM.  At that time, the Applicant appeared and requested that the matter be postponed for one week.  Pursuant to the Applicants request, the matter was rescheduled for hearing on August 31, 1999 at 1:30 PM.  Chairman Marciano and Commissioners Burlingame, Fang, Kozar and Richard were present for the August 31, 1999 hearing.  Commissioner Farrell recused himself from consideration of this matter.  The fire service was represented by Assistant Deputy State Fire Marshal David Costa of the Providence Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

	The Board had previously issued a Decision covering this facility under file number 980147.  The prior Decision was issued on April 8, 1999 and was not appealed by the Applicant.  Accordingly, the Decision in file number 980147 is final and binding upon all parties.  
	Because of the layout of this facility, none of the classrooms are considered to be at grade level.  Under the State Fire Code covering new educational occupancies, kindergarten and first grade students are only allowed at grade level.  Accordingly, the proposed occupancy of this school by kindergarten and first grade students, in the absence of a variance, is illegal. 
	In light of the above, the Applicant initially sought time in order to make alternative arrangements for the placement of these children.  The original Decision, in file number 980147, granted the Applicant a time variance to occupy this facility with kindergarten and first grade students for one year.  Pursuant to the request of the Providence Fire Marshal, the original Decision could only be extended for a maximum of one additional year to allow the Applicant to continue his operations while securing alternative complying arrangements for the younger children.
	The primary purpose of the August 31, 1999 hearing was to consider the Applicants request to continue to occupy this facility with kindergarten and first grade children until the final deadline of June 2000.  During the hearing, it also became obvious that the Applicant needed additional time correct several outstanding deficiencies.  Without this additional time, the Applicant would have potentially been exposed to substantial criminal fines and penalties for non-compliance with the original Decision.
	Specifically, as of July 2, 1999, it appears that approximately thirty-five (35) separate deficiencies (items and subsections of items) were not corrected by the December 31, 1998 deadline.  Accordingly, the statutory fines for this period of time alone would be in excess of Three Million Dollars.  (35 x 180 days x 500.00 per day  3,150,000).  Prompt compliance with the Decision below shall relieve the Applicant of the above, daily-accumulating fines.
	The numbers of the Decision below correspond with a July 2, 1999 compliance inspection report compiled by the Providence Fire Marshals Office.  The above report was used by the Board, the Applicant and the Providence Fire Marshal during the August 31, 1999 hearing on this matter.  Accordingly, the Board hereby incorporates the July 2, 1999 compliance 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, is defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS 

	The Board finds that this complex was converted from an Industrial occupancy to a new Educational occupancy.  The Board also finds that the original Industrial occupancy was regulated pursuant to RIGL 23-28.17-1 et seq.  The Board further finds that the new Educational occupancy is regulated pursuant to RIGL 23-28.3-3 and the regulations adopted thereunder including the Rhode Island Fire Prevention Code, Chapter 10 and the referenced edition of NFPA 101.
	During the August 31, 1999 hearing on this matter, the Board was advised that the Applicant had either previously received a variance, corrected, or would immediately correct, items 1, 3, 4, 5, 6, 7, 8, 9B, 10, 12, 13, 14B, 14C, 15, 16, 17C, 18, 19, 21B, 23, 24, 25, 28, 29, 31, 33, 34B, and 38 of the July 2, 1999 compliance inspection report prior to the commencement of the 1999-2000 academic year.  Accordingly, the Applicant sought additional time to comply with the remaining items.
	The action of the Board, as outlined below, was to grant the Applicant a final one-year extension of allowing this building to be occupied by kindergarten and first grade students.
	The Board further granted a final thirty (30) day time extension, until September 30, 1999, to bring the outstanding deficiencies, noted below, into compliance.
	The Board also mandated that the Applicant shall be required to maintain two (2) fire fighters on duty (one in each school of the complex) during all hours of student occupancy.  The Firefighters shall remain until the documentation referred to in items 2, 9A, 26, 27, 31B, 32 and 37 has been submitted to the Providence Fire Marshal.  The Board notes that the Applicant has had over one year to secure and submit this documentation.
	Finally, the Applicant is being given one last chance to maintain this complex free of non-conforming hold-open devices (door chocks).  During each of the Providence Fire Marshals follow-up inspections of this complex on March 19, June 2 and August 31, 1999, the doors were found to be held open with wooden chocks.  This completely compromises the entire egress system and is a serious violation.  In the original Decision, the Applicant was directed to automatically install magnetic hold-open devices within sixty days of any new violation of this nature.  The Applicant is now being given one last chance to eliminate this hazard.
1.	It is the understanding of the Board that the Applicant has corrected Deficiency 1 to the satisfaction of the Providence Fire Marshals Office.
2.	The Board hereby directs the Applicant to correct Deficiency 2 by providing the Providence Fire Marshal with approved documentation indicating that an approved flow test has been conducted at the most hydraulically remote outlet to assure that the requirements of section 5-3.2 have been met.
3.	It is the understanding of the Board that the Applicant has corrected Deficiency 3 to the satisfaction of the Providence Fire Marshals Office.
4.	It is the understanding of the Board that the Applicant has received a variance covering Deficiency 4.
5.	It is the understanding of the Board that the Applicant has corrected Deficiency 5 to the satisfaction of the Providence Fire Marshals Office.
6.	It is the understanding of the Board that the Applicant has corrected Deficiency 6 to the satisfaction of the Providence Fire Marshals Office.
7.	It is the understanding of the Board that the Applicant has corrected Deficiency 7 to the satisfaction of the Providence Fire Marshals Office.
8.	It is the understanding of the Board that the Applicant has received a variance covering Deficiency 8.
      9A.	The Board hereby directs the Applicant to correct Deficiency 9A by providing the Providence Fire Marshal with approved letter, co-signed by the Acting Director of Public Properties and the Superintendent of the Providence Public Schools, stipulating that Gym 1 shall not be used for concentrated assembly while the school is simultaneously occupied for educational purposes, or vice versa.
       9B.	It is the understanding of the Board that the Applicant has received a variance covering Deficiency 9B.
      10A.	It is the understanding of the Board that, as of the writing of this Decision, the Applicant has corrected Deficiency 10A to the satisfaction of the Providence Fire Marshals Office.
       10B & C.	It is the understanding of the Board that the Applicant has received a variance covering Deficiencies 10B & C.
11.	The Board hereby grants the Applicant a final 30-day extension, until September 30, 1999, to correct Deficiency 11, at the direction and to the satisfaction of the Providence Fire Marshals Office.
12.	It is the understanding of the Board that the Applicant has received a variance covering Deficiency 12.
13.	It is the understanding of the Board that the Applicant has received a variance covering Deficiency 13.
      14A.	The Board hereby grants a final one-year time extension to allow this facility to be occupied by kindergarten and first grade students during the 1999-2000 academic year.  As a condition of this time variance, all kindergarten classes shall be limited to the first floor of this complex and shall be provided with independent exiting arrangements to avoid co-mingling with the upper grades.  Further, all first grade classes shall be limited to the first and second floors of this complex.  Finally, the Applicant shall equip all stairways in this complex with additional approved twenty-six (26) handrails on or before September 30, 1999.
      14B.	It is the understanding of the Board that the Applicant has received a conditional variance covering deficiency 14B.
       14C.	It is the understanding of the Board that the Applicant has received a conditional variance covering deficiency 14C.
15.	It is the understanding of the Board that the Applicant has received a variance covering deficiency 15.
16.	It is the understanding of the Board that the Applicant has received a variance covering deficiency 16.
 17A.    The Applicant is being given one last chance to maintain this complex free of non-conforming hold-open devices (door chocks).  During each of the Providence Fire Marshals follow-up inspections of this complex on March 19, June 2 and August 31, 1999, the doors were found held open with wooden chocks.  This completely compromises the entire egress system and is a serious violation.  In the original Decision, the Applicant was directed to automatically install magnetic hold-open devices within sixty days of any new violation of this nature.  The Applicant is now being given one last chance to eliminate this hazard.
	The Board hereby grants the Applicant a final time extension to install the previously mandated magnetic hold-open devices.  Specifically, the Applicant shall not be required to install the magnetic hold-open devices until the Providence Fire Marshal receives a new report that one or more of the egress system doors in the complex are being illegally held open.  The Providence Fire Marshal shall then immediately advise the Applicant to install the approved magnetic hold open devices throughout this complex within sixty (60) days of the reported incident.
	Finally, the Applicant is advised to take all necessary steps to assure compliance within the sixty (60) day period.  For example, the Applicant may wish to immediately conduct contingency bidding in anticipation of the possibility of installation of the alarm-activated magnetic hold-open device system.
17B. 	It is the understanding of the Board that the Applicant has corrected that portion of deficiency 17B which relates to the floor-mounted doorstop.  The Board hereby grants the Applicant a final 30-day time extension, until September 30, 1999, to correct the remaining portion of Deficiency 17B, at the direction and to the satisfaction of the Providence Fire Marshals Office.
17C.	It is the understanding of the Board that, as of the writing of this Decision, the Applicant has corrected Deficiency 17C to the satisfaction of the Providence Fire Marshals Office.
18.	 It is the understanding of the Board that the Applicant has received a variance covering Deficiency 18.
19.	It is the understanding of the Board that the Applicant has received a variance covering Deficiency 19.
20.	The Board hereby grants the Applicant a final 30-day time extension, until September 30, 1999, to correct Deficiency 20, at the direction and to the satisfaction of the Providence Fire Marshals Office.
21A. 	The Board hereby grants the Applicant a final 30-day time extension, until September 30, 1999, to correct Deficiency 21A, at the direction and to the satisfaction of the Providence Fire Marshals Office.
21B. 	It is the understanding of the Board that the Applicant has corrected Deficiency 21B to the satisfaction of the Providence Fire Marshals Office.
22.	The Board hereby grants the Applicant a final 30-day time extension, until September 30, 1999, to correct Deficiency 22, at the direction and to the satisfaction of the Providence Fire Marshals Office.
23.	It is the understanding of the Board that the Applicant has received a variance covering Deficiency 23.
24.	It is the understanding of the Board that the Applicant has corrected Deficiency 24 to the satisfaction of the Providence Fire Marshals Office.
25.	It is the understanding of the Board that the Applicant has corrected Deficiency 25 to the satisfaction of the Providence Fire Marshals Office.
26.	The Board hereby directs the Applicant to correct Deficiency 26 by providing the Providence Fire Marshal with approved documentation indicating that the generator in this facility is in full working order and further explaining, to the satisfaction of the Providence Fire Marshal, how and why the system failed during August of 1997.
27.	The Board hereby directs the Applicant to correct Deficiency 27 by providing the Providence Fire Marshal with approved documentation indicating that all of the tests specified in section 5-13, titled Installation Acceptance, have been successfully completed by the Applicant.  The Applicant shall further direct the energy converter supplier to provide a letter stipulating installation and performance in compliance with NFPA 110, 1988 Edition.
28.	It is the understanding of the Board that the Applicant has corrected Deficiency 28 to the satisfaction of the Providence Fire Marshals Office.
29.	It is the understanding of the Board that the Applicant has corrected Deficiency 29 to the satisfaction of the Providence Fire Marshals Office.
30.	It is the understanding of the Board that, as of the writing of this Decision, the Applicant has corrected Deficiency 30 to the satisfaction of the Providence Fire Marshals Office.
31A.	It is the understanding of the Board that the Applicant has corrected Deficiency 31A to the satisfaction of the Providence Fire Marshals Office.  The Board notes that approved enclosure at the top of this vertical opening is sufficient in this case and that the Providence Fire Marshal has no objection.
31B.	It is the understanding of the Board that the Applicant has corrected Deficiency 31B, as best as he could given the structural constraints, to the satisfaction of the Providence Fire Marshals Office.  The Applicant must now present the Providence Fire Marshal with an approved engineers letter certifying the alternative rating system.
32.	The Board hereby directs the Applicant to correct Deficiency 32 by providing the Providence Fire Marshal with approved documentation, from a mechanical or other approved engineer, indicating that the sprinkler system is seismically protected to a degree equal to or exceeding the seismic protection of the building.
33.	It is the understanding of the Board that the Applicant has received a variance covering Deficiency 33.
34A.	The Board hereby directs the Applicant to correct Deficiency 34A by repairing the cited crack in the south west corner of the boiler room and providing an approved separation between the boiler room and the exit access corridor below.
34B.	It is the understanding of the Board that the Applicant has corrected Deficiency 34B to the satisfaction of the Providence Fire Marshals Office.
35.	During the August 31, 1999 hearing on this matter, the Board was advised by the Providence Fire Marshal that he had approved the installation of a spring loaded overhead door as a smoke barrier between the loading dock and the cited corridor.  However, the door is being left open and thereby defeating the smoke barrier.  Accordingly, the Board directs the Applicant to put this door on an electric control tied to the fire alarm system.  This would allow for automatic closure in the event of activation of the fire alarm.  As a further safety feature, the door shall be further equipped with electronic reversal action in the event of obstruction.
36.	The Board hereby directs the Applicant to correct Deficiency 36 by providing the cited air distribution systems with approved smoke detectors, at the direction and to the satisfaction of the Providence Fire Marshals office.
37.	The Board hereby directs the Applicant to correct Deficiency 37 by providing the Providence Fire Marshal with approved documentation the cited fire dampers in buildings 3, 4, 5 and 7 have been tested in accordance with section 5-2.1 and its referenced standards.
38.	It is the understanding of the Board that the Applicant has corrected Deficiency 38, at the direction and to the satisfaction of the Providence Fire Marshal.

NOTE:	As outlined above, the Applicant has been granted an additional, final time variance, until September 30, 1999, the correct all outstanding deficiencies in this complex.  Until all of documentation required in items 2, 9A, 26, 27, 31B, 32 and 37 has been submitted and approved by the Providence Fire Marshal, the Applicant is directed to maintain two fire fighters on duty, one in each school, during all hours of occupancy by school children.  Upon the successful correction of all remaining deficiencies in this complex, the Fire Board shall waive all outstanding fines as calculated pursuant to R.I.G.L. 23-28.3-9.
	Failure of the Applicant to initially comply with the full Decision of the Board shall void all variances granted herein.  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 under the current use and occupancy.
	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 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)].