The above-captioned case was scheduled for hearing before a subcommittee of the Board on July 12, 2006 at 9:00 A.M.  At that time, Acting Chairman Burlingame and Executive Director Thomas Coffey Jr. were present.  The fire service was represented by Assistant Deputy State Fire Marshals Robert Emmott and Christopher Hiener of the Union Fire District Fire Marshals Office.  The subcommittee recommendations were reviewed by the full Board on July 18, 2006 and approved pursuant to a motion made by Commissioner Newbrook and seconded by Commissioner Blackburn.  Accordingly, the subcommittee recommendation has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 19, 2004 inspection report compiled by the Union Fire District Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Union Fire District Fire Marshals Office during the July 12, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the August 19, 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 this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3 and 4 at the direction and to the satisfaction of the Union Fire District Fire Marshal's office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 with regard to the music room occupancy by providing the music room with a new approved door to a separate smoke chamber to the satisfaction of the Union Fire District Fire Marshal's office.  During the July 12, 2006 subcommittee hearing on this matter, the Board was advised that Room 101 has three (3) sides underground and therefore is structurally impossible to provide the second exit to the outside.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain continued occupancy of Room 101 provided a sprinkler head is installed directly outside of the door leading to the corridor in order to provide this area with further protection.  The above sprinkler head may be drawn from the domestic water source, at the direction and to the satisfaction of the Union Fire District Fire Marshal's office and shall be installed before the commencement of school for the 2007-2008 academic year in September of 2007.
	6.  The Board hereby grants a variance from the provisions of sections 15.2.11, 15.2.11.1 and 15.2.11.1.1 in order to allow the Applicant to maintain the existing location of the cited rescue windows of this facility.  This variance is granted on the basis of structural hardship.
	7-8.  The Board hereby grants the Applicant a time variance in order to correct deficiencies 7 and 8 by providing the cited doors with approved door closures, installed at the direction and to the satisfaction of the Union Fire District Fire Marshal's office prior to the commencement of the 2007-2008 academic year in September of 2007.

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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].