The above-captioned case was originally scheduled for hearing on December 14, 2004 at 1:00 P.M.  At that time, it was determined by the Board that an on-site review of this facility would be necessary.  Accordingly, a subcommittee of the Board conducted an on-site review of this facility on January 11, 2005 at 9:00 A.M.  The above captioned case was there upon rescheduled for hearing on January 11, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Preiss, Newbrook, Evans, Burlingame, Filippi and O'Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Potter of the Warwick Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to accept the subcommittee’s findings and 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 November 11, 2004 inspection report compiled by the Warwick Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Warwick Fire Marshal’s Office during both the on-site and the hearing on this matter conducted on January 11, 2005.  Accordingly, the Board hereby incorporates the November 11, 2004 inspection report 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 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 grants a variance from the provisions of sections 15.3.6 in order to allow the Applicant to maintain the existing steel classroom doors and jambs servicing the three (3) acting classrooms of this facility.  The Board hereby directs the Applicant to provide the above doors with approved spring-loaded hinges or other closures, approved by the Warwick Fire Marshal, within 120 days from the date of this decision.
	
2. The Board hereby grants a variance from the provisions of section 15.3.5.1 in order to allow the Applicant to provide a fully engineered system of domestically supplied sprinkler heads covering the egress corridor that services the three (3) acting classrooms within this facility.  The Board hereby grants the Applicant a period of 120 days from the date of this decision in which to provide the above domestically supplied sprinklers.

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)].