The above-captioned case was scheduled for hearing on April 10, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Walker, Jasparro, Jackson, Burlingame, Blackburn and Richard were present.  The fire service was represented by Deputy State Fire Marshals Cynthia Dehler and Eric Kiernan of the State Fire Marshals Office along with Assistant Deputy State Fire Marshal Stephen Tucker of the Lime Rock Fire District Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioners Pearson and Walker to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Dias.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 7, 2011 inspection report also identified by the Fire Marshals Office as inspection 11-1309-IS.  The above report was utilized by the Board, the Applicant, the Lime Rock Fire District Fire Marshals Office and the State Fire Marshals Office during the April 10, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the November 7, 2011 inspection report 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 
	1-37.  (11-2472-VN, 11-2473-VN, 11-2474-VN, 11-2475-VN, 11-2476-VN, 11-2478-VN, 11-2479-VN, 11-2480-VN, 11-2481-VN, 11-2483-VN, 11-2485-VN, 11-2486-VN, 11-2487-VN, 11-2488-VN, 11-2489-VN, 11-2490-VN, 11-2491-VN, 11-2492-VN, 11-2493-VN, 11-2494-VN, 11-2495-VN, 11-2496-VN, 11-2497-VN, 11-2498-VN, 11-2499-VN, 11-2500-VN, 11-2501-VN, 11-2502-VN, 11-2504-VN, 11-2505-VN, 11-2507-VN, 11-2508-VN, 11-2509-VN, 11-2510-VN, 11-2511-VN, 11-2512-VN and 11-2471-VN).  During the April 10, 2012 hearing on this matter, the Board was presented with construction estimates for the correction of the above deficiencies which appeared to be significantly higher than the actual cost of bringing this facility into full compliance.  The Board was further advised that the Applicants representative apparently did not have the authority to secure the appropriate funding for the correction of the above deficiencies.  Accordingly, the Board hereby grants the Applicant a time variance in order to correct all of the remaining deficiencies as outlined on inspection report 11-1309-IS on or before the commencement of the 2012-2013 academic year in August of 2012.  The Board further notes that the State Fire Marshals Office has not been granted the authority to extend this time line.  However, if the Applicant or the Department of Education believes that more time would be necessary for this project, either party may return to the Board, within the above time period, with a detailed plan of action for the correction of the remaining deficiencies within this facility and a new proposed timetable.  The Board notes that if such a plan of action is not submitted and approved within the above time period, and the Applicant has not corrected the remaining deficiencies, the State Fire Marshals Office will have not choice but to proceed against the parties in accordance with Rhode Island General Law 23-28.3-9.

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)].