The above-captioned case was originally scheduled for hearing on March 1, 2005 and a decision was rendered in this case on March 31, 2005.  The most recent hearing on this matter was held on May 10, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame and Filippi were present.  The fire service was represented by Chief of Inspections William Howe of the State Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby adopts its original findings of fact in file number 050097 as its initial findings of fact in this case.  In addition, the Board finds that this facility has a partial sprinkler system and a full fire alarm system and smoke detectors in the classrooms.  The Board further finds that the Applicant is requesting time to upgrade the sprinkler system of this facility and to secure funding.  The Board further finds that the Applicant maintains a one to thirteen ratio between the adults and children of this facility and that the Applicant conducts monthly fire drills.  The Board further finds that this facility is utilized as an after school program for children five through sixteen years old.  

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the Applicant a time variance of one year from the date of this decision in order to allow the Applicant to secure funding and to install and upgrade the sprinkler systems within this facility.  In granting this variance, it is the understanding of the Board that the Applicant has corrected the remaining deficiencies in accordance with the original decision. 

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)].