The above-captioned case was originally heard by the Board on July 28, 1998 at 2:00 PM.  At that time, the Chairman assigned this matter to an onsite subcommittee for review.  The onsite review was scheduled for Tuesday, August 11, 1998 at 12:30 PM.  The onsite subcommittee was chaired by Chairman Marciano and coordinated by Legal Counsel DeSimone.  The subcommittee report was originally scheduled to be presented to the Board on August 18, 1998.  Presentation of the subcommittee report was thereupon rescheduled for review on August 25, 1998 at 2:00 PM.
	The subcommittee report was presented for review by the full Board by Legal Counsel DeSimone.  During the August 25, 1998 review of the subcommittee report, participating Board Members, the Applicant, his Architect, and the Providence Fire Marshal offered their additional ideas and suggestions for the overall fire safety of this facility.  As a result of this review, the Board approved an amended subcommittee report as outlined below.  It is the understanding of the Board that, since the August 25, 1998 subcommittee review, the Applicant has been engaged in a good faith effort to bring this complex into compliance with all Board directives.
	The amended subcommittee report was thereupon reviewed by the Board on August 25, 1998.  At that time, Chairman Marciano and Commissioners Richard, Kozar, Wilder, Coutu and Burlingame were present.  Commissioner Farrell recused himself from consideration of this matter.  An initial motion was made by Commissioner Coutu and seconded by Commissioner Richard to grant the variances listed below with the exception of Item 19.  This motion was unanimous.
	A second motion was made by Commissioner Wilder and seconded by Commissioner Richard to require additional 26 handrails on all stairs as a condition of the variances granted.  Several proposed amendments to this motion did not carry and the original motion for 26 handrails thereupon passed.
	A third motion was made by Commissioner Coutu and seconded by Commissioner Burlingame to grant the Applicant a time variance of one school year to allow kindergarten and first grade students in this complex.  The motion would allow the Applicant to return at the end of the 1998-99 school year and present a plan of action for the second (1999-2000) school year.  The Applicant only be allowed a one year extension on the original variance and would be required to provide alternative placement of the kindergarten and first grade students after June of 2000.  This motion failed to carry in light of the opposition votes of Commissioners Richard and Kozar.
	After additional testimony was presented by both the Providence Fire Marshal and the Applicant, a motion to reconsider the third vote was made by Commissioner Richard and seconded by Commissioner Burlingame.  The motion was unanimous.
	A new motion was made by Commissioner Coutu and seconded by Commissioner Burlingame to allow occupancy of this complex, under the conditions outlined below, for one school year (1998-1999).  The motion further directed the Applicant to return in June of 1999 with a plan of action if he wished to request an extension of the original time variance to cover the 1999-2000 school year.  This motion carried.  

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 14, 1998, certificate-of-occupancy 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 August 25, 1998 review of the subcommittee findings in this matter.  Accordingly, the Board hereby incorporates the May 14, 1998, 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.
	The Board notes that the Assistant Deputy State Fire Marshal, initially assigned to this complex, was Acting Captain George Calise of the Providence Fire Prevention Division.  When Acting Captain Calise was asked for his position on the requested relief, he advised the Board that he had no opinion in his capacity as member of the Providence Fire Prevention Division.  When pressed by Board members for his position as an Assistant Deputy State Fire Marshal, Acting Captain Calise advised the Board that, as Assistant Deputy State Fire Marshal, he would have no choice but to object to the requested variances.

CONCLUSIONS OF LAW
 AND DISPOSITION OF 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 25, 1998 hearing on this matter, the Board was advised that, of all of the items the Applicant planned to correct, the majority would be corrected prior to the commencement of the 1998-99 school year.  The remainder of the items would be brought into compliance by December 31, 1998.  Accordingly, all of the items below, which the Board directs the Applicant to correct, were to be corrected on or before December 31, 1998.
1(A). The Board hereby directs the Applicant to correct Deficiency 1(A), at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.
1(B). The Board hereby directs the Applicant to correct Deficiency 1(A), at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.
2.	It is the understanding of the Board that the Applicant has corrected Deficiency 2.  The Board hereby directs the Applicant to provide the Providence Fire Marshals Office with documentation of its flow test results referenced in Deficiency 2.
3.	The Board hereby directs the Applicant to correct Deficiency 3, at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.
4.	The Board hereby directs the Applicant to correct Deficiency 4, at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.  Specifically, the Board hereby directs the Applicant to provide the cited fire pump room with a pan and condenser at the direction and to the satisfaction of the Providence Fire Marshals Office.
5(A).	The Board hereby directs the applicant to correct Deficiency 5(A), at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.  Specifically, the Board directs the Applicant to properly relocate the cited alarm and signal device to an approved remote location.
5(B).	The Board hereby directs the Applicant to correct Deficiency 5(B), at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.
6.	The Board hereby directs the Applicant to correct Deficiency 6, at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.
7.	The Board hereby directs the Applicant to correct Deficiency 7, at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.
8.	The Board hereby directs the Applicant to correct Deficiency 8, at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.  Specifically, the Applicant is directed to test the fire pump on a weekly basis as part of its routine maintenance plan and to maintain an open log, of such testing, at the fire pump.
9(A). 	The Board hereby directs the Applicant to correct Deficiency 9(A), at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.
9(B).	The Board hereby directs the Applicant to correct Deficiency 9(B), at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.
10.	The Board hereby grants a variance to allow the Applicant to maintain an Assembly occupancy approximately eight (8) steps above the level of exit discharge.  In granting this variance, the Board directs the Applicant to limit Assembly occupancy of this facility to only the first floor.
11(A).	The Board hereby directs the Applicant to correct Deficiency 11(A) by utilizing the exception to LSC 10-1.2.2 and providing the Providence Fire Marshals Office with a letter, co-signed by the Director of Providence Public Properties and the Superintendent of the Providence School System, stating that Gym 1 shall not be used for concentrated assembly while the school is simultaneously occupied for educational purposes.  The Board hereby directs the Applicant to comply with the above plan of action for the restricted use of Gym 1.
11(B).	The Board hereby grants a variance in order to allow the Applicant to limit the basement occupancy of Building 5 to a maximum of two hundred forty (240) people and the maximum occupancy of Building 7 to a maximum of two hundred forty (240) people at any one time.  If the Applicant wishes to allow a limited occupancy by kindergarten children on the lower levels to dine, the overall maximum of the lower levels would be reduced to four hundred (400) and the Applicant must restrict occupancy of those levels to only kindergarten children during their lunch period.
12(A).	The Board hereby directs the Applicant to correct Deficiency 12(A), at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.
12(B).	The Board hereby grants a variance to allow the Applicant to maintain the cited handicapped chair-lift within the two story stairwell located at the north end of Building 4.  In granting this variance, the Board notes that, according to the Applicant, this chair-lift was previously approved by the Providence Building Inspectors Office.
12(C).	The Board hereby directs the Applicant to correct Deficiency 12(C), at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.
12(D).	It is the understanding of the Board that the Applicant has corrected deficiency 12(D) to the satisfaction of the Providence Fire Marshals Office.
12(E).	It is the understanding of the Board that the Applicant has corrected deficiency 12(E) to the satisfaction of the Providence Fire Marshals Office.
12(F).	The Board hereby grants a variance from the provisions of sections 5-1.3.1(b), 6-2.2.2 and 6-2.3.1 in order to allow the Applicant to maintain the existing rating of the cited stairwell.
13.	The Board hereby directs the Applicant to correct Deficiency 13, at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.
14.	The Board hereby directs the applicant to correct Deficiencies 14(A) and (B), at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.
15.	The Board hereby directs the Applicant to correct Deficiency 15, at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998 report.
16.	The Board hereby grants variances from the provisions of section 5-1.5 covering deficiencies 16(A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K) and (L) to allow the Applicant to maintain the existing headroom in the above-cited areas.  This variance is granted on the basis of structural hardship in the absence of an objection from the Providence Fire Marshals Office.
17.	The Board hereby grants a variance from the provisions of section 5-1.6.2 in order to allow the Applicant to maintain the existing tread width of the cited new outside stairs.  In granting this variance, it is the understanding of the Board that the Providence Fire Marshals Office has no objection.
18.	The Board hereby directs the Applicant to correct Deficiency 18, at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.
19(A).	The Board notes that, due to the configuration of this newly-renovated complex, the kindergarten and first grade children are required to utilize stairs in order to properly egress the buildings in which they are located.  During the August 25, 1998 hearing on this matter, the Providence Fire Marshal advised the Board that he would only support a temporary time variance, to allow restricted occupancy of this complex, by kindergarten and first grade children.  Specifically, the Fire Marshal requested that any time variance be limited to a maximum of two (2) years in order to allow the applicant to continue his operations while securing alternative complying arrangements for the younger children.
The Board hereby grants the Applicant a limited time variance of one school year to allow kindergarten and first grade students in this complex.  The applicant shall return at the end of the 1998-99 school year and present a plan of action for the second (1999-2000) school year.  The Applicant shall only be allowed a one year extension on the original variance and would be required to provide alternative placement of the kindergarten and first grade students after June of 2000.
As a condition of the above variance, all kindergarten classes shall be limited to the first floor of this complex and shall also 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, as a condition of the variances herein, all stairways in this complex shall be equipped with additional approved twenty-six (26) handrails.
19(B).	The Board hereby grants a variance in order to allow the Applicant to maintain second grade children in classrooms on the second level of this complex.  Further, in the Lima School, second graders shall not be allowed above the second floor.  In the Fortes School, second graders may be allowed in the science classroom (316), the library room (301), the computer room (306), the special education classroom (312) and the special education resource room (409) provided that the Applicant maintain a one-to-seven adult-to-student ratio in these classrooms above the second floor.  Specifically, for every seven students, or fraction thereof, one adult shall be in attendance.  For example, an average class of twenty (26) second grade students would require supervision by four (4) adults during the period these children were above the second floor.
In light of the above, the Providence Fire Marshal advised the Board that he did not have an objection as long as the Applicant utilized the above one-to-seven ratio.  The Board further notes that this is the general Day Care ratio required to assure the life safety of the children.
19(C).	During the August 25, 1998, hearing on this matter, the Board was advised by the Applicant that kindergartners would not be located in classroom (125) and would be limited to classrooms (153), (154), (155) and (156).  The Board was further advised that first graders would not be located in room (227), but limited to classrooms (135), (136), (140) and (141).
The Board was further advised by the Applicant that kindergartners and first graders would not use the science room (413) and the computer room (222).  Accordingly, the Board directs the Applicant not to allow kindergartners and first graders to use the above classrooms.
19(D).	The Board hereby grants a time variance to allow the Applicant to locate second graders on the second floor of the Lima School through June of 1999.  During the hearing on this matter, the Board was advised by the Applicant that it would not be necessary to bring the second graders up to science room (413).  Accordingly, the Applicant shall not allow room (413) to be occupied by second grade students.
20(A).	The Board hereby directs the Applicant to correct Deficiency 20(A), at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.
20(B).	The Board hereby directs the Applicant to correct Deficiency 20(B), by providing a 36 door and reconfiguring the cited stairway with a wrap-around rail, at the direction and to the satisfaction of the Providence Fire Marshals Office.
21(A).	The Board hereby directs the Applicant to correct Deficiency 21(A), at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the code sections referenced in the May 14, 1998, plan review report.
21(B).	The Board hereby grants a variance from the provisions of section 5-2.1.3.3 in order to allow the Applicant to maintain the existing elevation on both sides of the cited exit discharge door.  In granting this variance, it is the understanding of the Board that the Providence Fire Marshals Office has no objection.
21(C).	The Board hereby grants a variance from the provisions of section 5-1.6.2 in order to allow the Applicant to maintain the existing tread width of the cited new outside stairs.  In granting this variance, it is the understanding of the Board that the Providence Fire Marshals Office has no objection.
22.	During the August 25, 1998 review of this matter, the Board was advised that, during its inspections of this building, the Providence Fire Marshals Office noted the use of unauthorized hold-open devices chocks on many of the egress doors throughout this complex.  The Board notes that this practice substantially denigrates the overall safety of this complex by allowing for the potential rapid spread of fire and smoke.  While the Applicant has advised the Board that it can successfully police this activity and eliminate any future unauthorized opening of the doors, the Providence Fire Marshal questioned whether this was possible.
Accordingly, the Board shall provide the Applicant with an opportunity to self-police this complex and eliminate the unauthorized holding of doors open with chocks or similar devices.  In the event the Providence Fire Marshal discovers any future violations of this nature during future inspections, the Board hereby grants the Applicant a time variance of sixty (60) days to provide all of the doors, cited in item 22 of the May 14, 1998 report, with approved magnetic hold-open devices.  The above magnetic hold-open devices shall be approved by the Providence Fire Marshal and automatically allow for the doors to close in the event of fire alarm activation or a power outage.  The above magnetic devices shall be installed at the direction and to the satisfaction of the Providence Fire Marshals Office within the above sixty (60) day period running from the date the Providence Fire Marshal advises the Applicant of a new violation of the provisions of section 5-2.1.8.
23(A).	The Board hereby grants a variance from the provisions of section 5-2.2.2.1 to allow the Applicant to maintain the existing cited stair dimensions.
23(B).	The Board hereby directs the Applicant to correct deficiency 23(B) at the direction and to the satisfaction of the Providence Fire Marshals Office.
24(A).	The Board hereby directs the Applicant to correct deficiency 24(A) at the direction and to the satisfaction of the Providence Fire Marshals Office.
24(B).	The Board hereby grants a variance from the provisions of section 5-2.2.2.4 to allow the applicant to maintain the existing cited tolerances of the new exterior stairs on the north side of Building 4.
25.	The Board hereby directs the Applicant to correct deficiencies 25(A), (B) and (C) at the direction and to the satisfaction of the Providence Fire Marshals Office.
26.	The Board hereby directs the applicant to correct deficiencies 26 (A), (B), (C), (D) and (E), at the direction and to the satisfaction of the Providence Fire Marshals Office.
27.	The Board hereby directs the Applicant to correct deficiency 27, at the direction and to the satisfaction of the Providence Fire Marshals Office.
28.	The Board hereby directs the Applicant to correct deficiency 28 at the direction and to the satisfaction of the Providence Fire Marshals Office.
29(A).	The Board hereby grants a variance from the provisions of section 10-2.3.2.1 to allow the Applicant to maintain the existing dimensions of the cited basement access corridor between Buildings 5 and 7.
	29(B).	The Board hereby grants a variance from the provisions of section 10-2.3.2.1 to allow the Applicant to maintain the existing dimensions of the cited exit access corridor leading to the south stairwell exit of Building 4.
	29(C).	The Board hereby grants a variance from the provisions of section 
10-2.3.2.1 to allow the Applicant to maintain the existing dimensions of the cited corridor on the first floor of Building 5.
	29(D).	The Board hereby grants a variance from the provisions of section 
10-2.3.2.1 to allow the applicant to maintain the existing dimensions of the cited corridor on the second floor of Building 5.
30.	The Board hereby grants a variance from the provisions of section 10-2.5.1 in order to allow the Applicant to maintain the existing cited dead-end corridor on the first floor of Building 3 under the following conditions.  In consideration of this variance, the Board hereby directs the Applicant to provide the beginning of the corridor with an approved rail and swing-gate, installed at the direction and to the satisfaction of the Providence Fire Marshals Office.  The Applicant is further directed not to provide the above swing gate with a latching device.  Finally, the Applicant is directed to remove any exit sign in this area.
31.	The Board hereby directs the Applicant to correct deficiency 31, at the direction and to the satisfaction of the Providence Fire Marshals Office.
32.	The Board hereby directs the Applicant to correct deficiency 32, at the direction and to the satisfaction of the Providence Fire Marshals Office.
33.	The Board hereby directs the Applicant to correct deficiency 33, at the direction and to the satisfaction of the Providence Fire Marshals Office.
34.	The Board hereby directs the Applicant to correct deficiency 34, at the direction and to the satisfaction of the Providence Fire Marshals Office.
35.	The Board hereby directs the Applicant to correct deficiency 35(A) and (B), at the direction and to the satisfaction of the Providence Fire Marshals Office.
36.	The Board hereby directs the Applicant to correct deficiency 36(A) and (B), at the direction and to the satisfaction of the Providence Fire Marshals Office.
37.	The Board hereby directs the Applicant to correct deficiency 37, at the direction and to the satisfaction of the Providence Fire Marshals Office.  Specifically, the Applicant is directed to provide an approved fire damper at each grate from the shaft into the room.
38(A).	The Board hereby directs the Applicant to correct deficiency 38(A), at the direction and to the satisfaction of the Providence Fire Marshals Office.
38(B).	The Board hereby grants a variance from the provisions of section 6-2.4.4 in order to allow the utilize properly engineered, alternative rating measures on each of the cited air duct shafts throughout Buildings 5 and 7 to affect the minimum fire resistant ratings required under the above section.  The above variance shall allow use of the 2  floor planking as part of the engineered alternative rating system.
The above alternative rating system shall be certified by the Applicants engineer and a written copy of this certification shall be provided to the Providence Fire Marshals Office.  The above system shall be further installed at the direction and to the satisfaction of the Providence Fire Marshal.
39.	The Board hereby directs the Applicant to correct deficiency 39, by providing the Providence Fire Marshals Office with written certification, from a licensed engineer, in conformance with the exception outlined in NFPA 13, section 3-5.3.1.
40.	The Board hereby grants a variance from the provisions of NFPA section 4-1.1.1 in order to allow the applicant not to provide sprinkler coverage in the cited abandoned transformer vault of this complex.  In granting this variance, it is the understanding of the Board that only the Narragansett Electric Company has a key to this secured room.  It is the further understanding of the Board there is no equipment located in the room and it is properly segregated from the rest of the complex by a wall/ceiling assembly which is approximately three (3) hour fire rated.  In light of the above, the Providence Fire Marshal had no objection.
41(A).	The Board hereby directs the Applicant to correct deficiency 41(A), at the direction, to the satisfaction, and within a timetable established by, the Providence Fire Marshals office.
42(A).	The Board hereby directs the Applicant to correct deficiency 42(A), at the direction, to the satisfaction, and within a timetable established by, the Providence Fire Marshals Office.
42(B).	The Board hereby directs the Applicant to correct deficiency 42(B), at the direction, to the satisfaction, and within a timetable established by, the Providence Fire Marshals Office.
42(C).	The Board hereby directs the Applicant to correct deficiency 42(C), at the direction, to the satisfaction, and within a timetable established by, the Providence Fire Marshals Office.
43.	The Board hereby directs the Applicant to correct deficiency 43, at the direction, to the satisfaction, and within a timetable established by, the Providence Fire Marshals Office.
44.	The Board hereby directs the Applicant to correct deficiency 44, at the direction, to the satisfaction, and within a timetable established by, the Providence Fire Marshals Office.
45.	The Board hereby directs the Applicant to correct deficiency 45, at the direction, to the satisfaction, and within a timetable established by, the Providence Fire Marshals Office.
46.	During the August 25, 1998 hearing on this matter, the Applicant advised the Board that all of the work required above would be completed by December 31, 1998.  
In the event that the Providence Fire Marshals Office establishes a shorter timetable, the Applicant shall comply with that timetable.  However, the Providence Fire Marshal shall not have the authority to extend the general deadline of December 31, 1998 for the completion of all work. 
	The Applicant may appeal the Boards Subcommittee Recommendation to the full Board within thirty (30) days of the mailing date listed below.  The Appeal shall be to the full Board requesting a rehearing of the case.  In the absence of an appeal within the thirty (30) day period, this approved subcommittee recommendation shall become a full Decision of the Board.