The above captioned case was previously before the Board and a Decision outlining the plan of action was issued on October l2, 2001 in File No.:  200216.  The Applicant has returned to the Board requesting additional time in which to comply with the Decision.  The current case was scheduled for hearing on March 12, 2002 at l:00  p.m.  At that time, Chairman Farrell and Commissioners Newbrook, Coutu, O’Connell, Richard, and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Charles Lawrence of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The Board relies on its initial findings of fact as outlined in File No.:  2002l6.  The Board further finds that the Applicant requires additional time in order to fully implement the plan of action.  Specifically, the Applicant wished to maintain student occupancy of this facility and to correct all of the deficiencies prior to re-occupancy of the school on September l, 2002.

	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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a time variance in order to allow the Applicant to maintain student occupancy of this facility until July l2, 2002.  After this date, it is the understanding of the Board that administration and staff shall only occupy this facility.  The Board further grants a time variance in order to allow the Applicant to correct all of the deficiencies outlined in its Decision in File No. 200216, prior to September l, 2002.  Specifically, the Applicant shall correct all of the deficiencies before the re-occupancy of this facility by students on or after September l, 2002.  

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]