This facility was originally scheduled for hearing on November 4, 2010 before a subcommittee of the Board.  The subcommittee recommendations were thereupon presented to the full Board on November 9, 2010 and approved.  An initial decision was thereupon mailed on February 21, 2011.  The above-captioned case was most recently scheduled for hearing on September 20, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Sylvester, Burlingame, Walker, Jasparro and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshals Robert Seltzer and David Godin of the Central Coventry Fire District Fire Marshals Office.  A motion was made by Commissioner Jasparro and seconded by Vice Chairperson Filippi 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 100250 as its initial findings of fact in this case.  The Board was further advised and finds that the Applicant needs to complete the fire alarm system in this facility.  The Board was further advised and finds that the Applicant has made dramatic improvements in the facility including providing this facility with all smoke alarms.  Finally, the Board was advised and finds that the Applicant needs some additional time in order to bring the facility into full compliance with the state fire code.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance in order to complete the fire alarm upgrade of this facility on or before the commencement of classes in September of 2012.  In granting this relief, it is the understanding of the Board that the minimum fire protection in this facility is currently in place and that the Applicant shall conclude the fire alarm upgrade within the above stated period.

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)].