The above-captioned case was scheduled for hearing on November 9, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Pearson, Burlingame, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Scott Caron of the Smithfield Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Newbrook 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 September 15, 2004 inspection report compiled by the Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Smithfield Fire Marshals Office during the November 9, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the September 15, 2004 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 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 or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal.)

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby directs the Applicant to correct deficiency 1 by providing the cited closet with an approved heat detector, installed at the direction and to the satisfaction of the Smithfield Fire Marshals office, within 120 days of the date of this decision.
	2.  In light of the Applicants agreement to limit the occupancy of the single classroom on the basement level to twenty-four (24) students, and to further limit the library occupancy to twenty-four (24) students, the Board hereby grants a variance from the provisions of section 6.1.14.4.1 in order to allow the Applicant to maintain the library on the basement level without a two (2) hour separation from the educational occupancy.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing the cited egress stairway with an approved landing, at the direction and to the satisfaction of the Smithfield Fire Marshals office, within 120 days of the date of this decision.
	4.  The Board directs the Applicant to correct deficiency 4 as outlined in item 3 above.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by providing the cited stairway with approved hand rails installed at the direction and to the satisfaction of the Smithfield Fire Marshal within 120 days of the date of this decision.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by providing the required handrails as outlined in item 5 above.
	7.  The Board hereby grants the Applicant a time variance of 120 days in order to correct deficiency 7 by providing the boiler room with approved rated dampers within 120 days of the date of this decision and at the direction and to the satisfaction of the Smithfield Fire Marshals office.
	8.  The Board notes that the sprinkler requirements outlined in section 23-28.6-21 provide an exception for educational occupancies.  Accordingly, in developing its plan of action for the fire safety of this facility, the Board directs the Applicant to comply with the provisions of section 23-28.6-21.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing the kiln room with approved separation from the remainder of the school.
	10.  During the November 9, 2004 hearing on this matter, the Board was advised that the Applicant plans to discontinue this facility as a school building within five (5) years.  Accordingly, the Board hereby grants the Applicant a temporary variance in order to allow the Applicant to maintain the lower level of this facility without an approved automatic sprinkler system provided that the facility is fully alarmed, maintains the magnetic hold open devices, is fully supplied with emergency lighting and exit signs.  As a further condition of this relief, the Applicant is directed to continue with the required fire drills, at the direction and to the satisfaction of the Smithfield Fire Marshals office and to increase those fire drills if deemed necessary by the Smithfield Fire Marshals office.  Finally, the students located on the lower level of this facility shall be limited in number as outlined in item 2 above.

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)].