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 Commissioner Blackburn and seconded by Commissioners Filippi 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 an August 17, 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 August 17, 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 
	1-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4, 5 and 6 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	7(a)-(f).  It is the understanding of the Board that the Applicant has corrected deficiencies 7(a)(b)(c)(d)(e)(f) at the direction and to the satisfaction of the Providence Fire Marshal's office.
	7(g).  The Board hereby grants the Applicant a time variance until the conclusion of the 2008 spring break in April of 2008 to correct deficiency 7(g) by repairing the cited generator and bringing it into fully operational condition.
	7(h)(i).  It is the understanding of the Board that the Applicant has corrected deficiency 7(h)(i) at the direction and to the satisfaction of the Providence Fire Marshal's office.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	9.  The Board hereby grants a variance from the provisions of section 7.2.2.5.3.2 in order to allow the Applicant to maintain the cited closets within the stairways of this facility provided that the closets are equipped with sprinkler heads and a rated door installed at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board directs the Applicant to immediately provide the rated door at the direction and to the satisfaction of the Providence Fire Marshal's office and she will allow the Applicant to install the sprinkler heads as part of the planned sprinkler system for this facility within the timeframes outlined below.
	10-14.  It is the understanding of the Board that the Applicant has corrected deficiencies 10, 11, 12, 13 and 14 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	15.  The Board hereby directs the Applicant to correct deficiency 15 by bringing the remaining emergency lights on-line in this facility by the conclusion of the 2008 spring break in April of 2008 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	16.  As outlined below in item 20, the Board hereby grants the Applicant a time variance in order to provide this facility with approved sprinkler coverage on or before the commencement of the 2010-2011 academic year in September of 2010.  Accordingly, in view of the fact that this facility shall eventually be sprinklered, the Board hereby directs the Applicant to temporarily correct deficiency 16 by providing temporary windows for rescue at the direction and to the satisfaction of the Providence Fire Marshal's office.  In the event the Applicant and the Providence Fire Marshal's office are unable to agree as to what would be an appropriate temporary window for rescue, either party may come back before the Board to present a plan of action.
	17.  It is the understanding of the Board that the Applicant has corrected deficiency 17 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	18.  It is the understanding of the Board that the Applicant has corrected that portion of deficiency 18 involving housekeeping of the cited area, at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board notes that the Applicant has been granted a time variance to sprinkler this facility, as outlined in item 20 below, by the commencement of the 2010-2011 academic year in September of 2010.  
	19.  It is the understanding of the Board that the Applicant has corrected deficiency 19 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	20.  The Board hereby grants the Applicant a time variance until the commencement of the 2010-2011 academic year in September of 2010 in order to correct deficiency 20 by sprinklering this facility at the direction and to the satisfaction of the Providence Fire Marshal's office.
	21-23.  The Board hereby directs the Applicant to correct deficiencies 21, 22 and 23 at the direction and to the satisfaction of the Providence Fire Marshals office within a timetable established by that office.

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)].