The above-captioned case was scheduled for hearing on April 23, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jasparro, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Chief Ronald Doire and Assistant Deputy State Fire Marshal Robert McCall of the Middletown Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a January 10, 2013 inspection report compiled by the Middletown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Middletown Fire Marshals Office during the April 23, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the January 10, 2013 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  During the April 23, 2013 hearing on this matter, the Board was advised that the Applicant now plans to create a new science building and to completely renovate the existing building.  Accordingly, the Board hereby grants the Applicant a time variance until June 1, 2014 in which to develop this plan of action for the correction of deficiency 1 with the Middletown Fire Marshals Office.  The Board grants the Applicant an additional period of time until the re-occupancy of the cited building in which to complete the renovation and to bring this facility into full compliance.  
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to prepare a plan of action for the correction of deficiency 2 at the direction and to the satisfaction of the Middletown Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action, at the direction and to the satisfaction of the Middletown Fire Marshals Office.  Finally, the Board notes that the Middletown Fire Marshals Office shall have the ability to extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant.
	3.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 3 prior to the re-occupancy of this facility as outlined in item 1.
	4.  The Board hereby grants the Applicant the time variance outlined in item 2 above in order to correct deficiency 4 by addressing the louvered vent in the furnace room to the corridor.
	5.  The Board hereby grants the Applicant the time variance outlined in item 2 above in order to address the corridor penetrations within this facility.
	6-7.  It is the understanding of the Board that the Applicant has corrected deficiencies 6 and 7 at the direction and to the satisfaction of the Middletown Fire Marshals Office.
	8.  The Board hereby grants the Applicant the time variance outlined in item 2 above in order to correct deficiency 8 by addressing the limited electrical issues.


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)].