The above-captioned case was scheduled for hearing on March 25, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Richard, Coutu, Pearson, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barroso of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below initially correspond with those of a February 6, 2003 inspection report compiled by the Woonsocket Fire Marshal’s Office.  The numbers then correspond in sequence with a February 17, 2003 position paper presented by the Applicant.  The above report and position paper were utilized by the Board, the Applicant and the Woonsocket Fire Marshal’s Office during the March 25, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the report and position paper as its initial findings of fact.  Any modification of the Board’s 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
	
1.  The Board hereby directs the Applicant to correct deficiency #1 by providing this facility with two approved means of egress.  Specifically, it is the understanding of the Board that the Applicant shall provide this facility with a new stair tower in order to provide additional egress as necessary.  The above stair tower shall be installed prior to the school occupancy of this facility. 
	
2.  The Board hereby grants the variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain existing winding stairways within this facility.  In granting this variance it is the understanding of the Board that the Woonsocket Fire Marshal’s office has no objection in light of the Applicant’s agreement to fully sprinkler and alarm this facility and to further provide this facility with two additional stairways from the basement.
	
3.  The Board hereby directs the Applicant to correct deficiency #3 by providing this facility with approved exit signage prior to school occupancy.
	
4.  The Board hereby directs the Applicant to correct deficiency #4 by providing this facility with approved emergency lighting prior to school occupancy.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal or designee, prior to school occupancy of this facility.
	
Applicant’s position paper request:
	
6.  It is the understanding of the Board that deficiency #6 is informational in nature, providing the breakdown of the occupancy of this facility.
	
7.  The Board hereby grants a variance from the provisions of section 23-28.6-8 in order to allow the Applicant to maintain the original existing steel elevator door of this facility.  In granting this variance, it is the understanding of the Board that the Woonsocket Fire Marshal’s office has no objection in light of the Applicant’s agreement to provide this facility with an approved sprinkler and fire alarm system.
	
8.  The Board hereby grants a variance from the provisions of section 23-28. 12-5 in order to allow the Applicant to maintain the existing cited non-combustible structural terra cotta walls of the elevator shaft of this facility.  In granting this variance, it is the understanding of the Board that the Woonsocket Fire Marshal’s office has no objection in light of the Applicant’s agreement to provide this facility with approved sprinklers and fire alarm coverage.
	
9.  The Board hereby grants a variance from the provisions of section 23-28.12-8 in order to allow the Applicant to maintain the existing cited dead-end corridor conditions within this facility.  This variance is based on structural hardship in light of the Applicant’s agreement to provide this facility with full sprinkler coverage and fire alarm coverage.
	
10.  The Board hereby grants a variance from the provisions of section 23-28.12-10 in order to allow the Applicant to maintain the existing cited mahogany doors with full sprinkler coverage on both sides.
	
11.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing dimensions of the cited stairways.  This variance is based on structural hardship and the absence of an objection by the Woonsocket Fire Marshal’s office.
	
12.  The Board hereby grants a variance from the provisions of section 23-28.12-28 for the reasons outlined in item #9 above.
	
13.  The Board hereby grants a variance from the provisions of section 23-28.12-31 in order to allow the Applicant to maintain existing winding stairways.  The Board hereby directs the Applicant to provide the cited stairways with approved handrails at the direction and to the satisfaction of the Woonsocket Fire Marshal before school occupancy of this facility.
	
14.  It is the understanding of the Board that item #14 is informational in nature.
	
15.  The Board hereby grants a variance from the provisions of section 5-1.3.2.1 in order to allow the Applicant to maintain the existing terra cotta egress separation.
	
16.  The Board hereby grants a variance from the provisions of section 5-2.2.2.1 in order to allow the Applicant to maintain the cited dimensions of the stairways.  This variance is based on structural hardship.
	
17.  The Board hereby grants a variance from the provisions of section 5-2.2.4.3 in order to allow the Applicant to maintain the existing historical handrails.  This variance is based on structural hardship in the absence of an objection by the Woonsocket Fire Marshal.
	
18.  The Board hereby grants a variance from the provisions of section 5-2.2.4.5 in order to allow the Applicant to maintain the existing handrails at 31” above the tread nosing.  This variance is also based on structural hardship and the absence of an objection by the Woonsocket Fire Marshal.
	
19.  The Board hereby grants a variance from the provisions of section 5-2.2.4.6 in order to allow the Applicant to maintain existing guardrails at 34 ½”.  This variance is also based on structural hardship and the absence of an objection by the Woonsocket Fire Marshal.
	
20.  The Board hereby grants a variance from the provisions of section 6-2.3.1 in order to allow the Applicant to maintain the existing assemblies.  This variance is based on structural hardship in light of the Applicant’s agreement to provide this facility with an approved fire alarm and sprinkler system.
	
21.  The Board hereby grants a variance from the provisions of section 6-2.3.2.1 in order to allow the Applicant to maintain the existing corridors on the second, third and fourth floors of this fully sprinklered and alarmed facility.  In granting this variance, the Board directs the Applicant to seal off the transoms throughout this facility to provide an approved smoke barrier to the satisfaction of the Woonsocket Fire Marshal’s office.
	
22.  The Board hereby directs the Applicant to correct deficiency #22 by sealing off any openings within this facility as deemed necessary by the Woonsocket Fire Marshal at the direction and to the satisfaction of the Woonsocket Fire Marshal.
	
23.  The Board hereby grants a variance from the provisions of section 7-4.7 in order to allow the elevators to open into an exit.  This variance is based on structural hardship in the absence of an objection by the Woonsocket Fire Marshal.
	
24.  The Board hereby grants a variance from the provisions of section 10-2.5.4 in order to allow the Applicant to maintain the existing corridor walls and corridor doors swinging opposite to the direction of egress travel.  This variance is based on structural hardship in the absence of an objection by the Woonsocket Fire Marshal.
	
25.  The Board hereby directs the Applicant to correct the above deficiencies as outlined prior to school occupancy of this facility.  The Board further directs that this file shall remain open until the Applicant receives a final certificate of occupancy.  In the event that the Applicant wishes to seek clarification or additional relief, the Applicant and/or the Woonsocket Fire Marshal may request that the Board reopen this file under the existing file number.

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 Applicant’s 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 Board’s 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 Board’s 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)].