The above-captioned case was scheduled for hearing on May 23, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Blackburn, Burlingame and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Vice Chairman Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with the cited provisions of the code outlined in a report dated April 6, 2006 but referencing the latest inspection on May 19, 2006.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the May 23, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the report dated April 6, 2006 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.  The Board hereby grants a variance from the provisions of section 14.2.3.2 in order to allow the Applicant to maintain the existing sixty-six (66) inch wide corridors within the educational portions of this facility.  This variance is granted on the basis of structural hardship.
	2.  The Board hereby grants a variance from the provisions of section 7.5.4.1 in order to allow the building to maintain only one (1) accessible means of egress at the entrance.  It is the understanding of the Board that the other three (3) entrances are inaccessible.  Since the building is sprinklered, the Board directs that the areas in the stair towers be designated for handicapped safety but not listed as areas of rescue assistance in that there is no communication from these areas and the central fire control location.  Finally, as a condition of the relief granted, the Board directs that the above information is properly noted in the fire alarm area of this facility.
	3.  The Board hereby grants a variance from the provisions of section 7.2.5.3.2 in order to allow the Applicant to maintain the existing handicapped ramp without an approved landing of sixty (60) inches, due to structural hardship.  
	4.  The Board hereby grants a variance from the provisions of section 7.2.1.4.4 in order to allow the forty-four (44) inch door exiting the rock climbing room 229 to intrude more than half of the width of the corridor 208.  This variance is also based on structural hardship.
	5.  The Board hereby grants a variance from the provisions of section 7.4.1.2 in order to allow the Applicant to reduce the gymnasium occupancy to 320 people based on the current egress door configuration.  If the Applicant wishes, in the future, to increase the occupancy of this area, the Applicant is first directed to contact the Pawtucket Fire Marshal's office and develop a plan of action with that office for the requested increase.
	6.  The Board hereby grants a variance from the provisions of section 7.1.5.1 in order to allow the Applicant to maintain the cited new and existing headroom clearances on the basis of structural hardship.
	7.  The Board hereby grants a variance from the provisions of section 7.2.13.3 in order to allow the Applicant to maintain the cited elevator without approved lobbies.
	8.  The Board hereby grants a variance from the provisions of section 7.2.2.3.2.3 in order to allow the Applicant to maintain the cited width of Stair D on the basis of structural hardship.
	9.  It is the understanding of the Board that the Applicant shall correct deficiency 9 by providing the cited guards and handrails at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.
	10.  The Board hereby grants a variance from the provisions of NFPA 13 in order to allow the Applicant to provide this facility with approved sprinkler coverage at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.  Specifically, any areas deemed appropriate for the absence of full sprinkler coverage by the Pawtucket Fire Marshal's office may be allowed under this variance.
	11.  The Board hereby grants a variance from the provisions of section 7.7.2 in order to allow the Applicant to maintain the existing construction and open nature of the main lobby stair tower in conjunction with the sprinkler upgrades to this facility.
	12.  The Board hereby directs the Applicant to correct deficiency 12 by providing the roof with an approved FDC installed at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.
	13.  The Board hereby directs the Applicant to correct deficiency 13, as it relates to the cited existing standpipe, at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.
	14.  The Board notes that the Applicant shall provide approved heat detection in any area where the sprinkler coverage is removed.  The Board further grants a variance in order to allow the Pawtucket Fire Marshal's office to approve the issuance of a temporary certificate of occupancy for part or all of this facility.  Finally, the Board shall keep this file open in order to address any further deficiencies or to provide the parties with future clarification.

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)].