The above-captioned case was scheduled for hearing on March 15, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Filippi, Evans, Preiss, Newbrook, Burlingame and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Curtis Wise of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board finds that the Applicant is engaged in a culinary arts program which involves the student use of portable table top butane burners to demonstrate and practice cooking skills.  The Board further finds and directs that these devices are only used when there is an adult chef present in the room with access to four (4) portable fire extinguishers in each room, two (2) type K and two (2) dry chemical.  The Board finds that the Applicant is requesting time to maintain this operation with an approved plan of action.  It is the understanding of the Board that all other fire safety deficiencies in this facility have been corrected by the Applicant.  
	
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.”

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the Applicant a time variance in order to maintain the above described cooking operation for grades ten through twelve during the remainder of the 2004/2005 school year.  The Board directs the Applicant to extend sprinkler coverage into all of those classrooms containing the cited portable table top butane burners prior to the commencement of the 2005/2006 school year.  Finally, the Board directs the Applicant to provide an approved new replacement system for these units prior to the commencement of the 2006/2007 school year.  The above approved replacement system shall be approved at the direction and to the satisfaction of the East Providence Fire Marshal’s office.  

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)].