The above-captioned cases were scheduled for hearing on November 19, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Booth, Pearson, Thornton, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Dolan of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioners Pearson and Thornton to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Booth abstaining from the vote.

FINDINGS OF FACT
	During the November 19, 2013 hearing on this matter, the Board had before it eleven (11) Pawtucket Fire Marshal inspection reports covering the above captioned facilities.  Specifically, the Board had a September 18, 2013 report covering the Agnes Little School, an October 1, 2013 inspection report covering the Slater Junior High School, a September 30, 2013 inspection report covering the Fallon Elementary School, a September 16, 2013 inspection report covering the Cunningham School, a September 11, 2013 inspection report covering the Potter Burns School, a September 11, 2013 inspection report covering the Goff Junior High School, a September 10, 2013 inspection report covering the Flora Curtis School, a September 18, 2013 inspection report covering the Jenks Junior High School/Jacqueline Walsh School of Art, a September 12, 2013 inspection report covering the Shea High School, an August 10, 2013 inspection report covering the Varieur Elementary School and a September 9, 2013 inspection report covering the Tolman High School.  In addition, the Board had before it an October 22, 2013 plan of action and variance request from Dennis J. Rebelo, Director of Physical Plant.  The above documents were utilized and/or referenced by the Board, the Applicant and the Pawtucket Fire Marshals Office during the November 19, 2013 hearing on this matter.  Accordingly, the Board hereby adopts the above documents 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
	Note:  During the November 19, 2013 hearing on this matter, the Board adopted the Applicants October 22, 2013 plan of action as outlined below.  Accordingly, the Board has granted the requested time relief to the Applicant.

Appeal 130167
	The Board hereby grants the Applicant the following time variances covering the Agnes Little Elementary School.  
	a.  NFPA 101 7.10.5.2	Approves request for ninety (90) days to make the necessary repairs or replacement of exit signage.
	b.  NFPA 101 7.8.1.1		Approves request for ninety (90) days to make the necessary repairs or replacement of the emergency lights.
	c.  Approves request to make the cited curtains fire retardant within ninety (90) days.

Appeal 130173
	The Board hereby grants the Applicant the following time variances covering the Slater Junior High School.
	a.  NFPA 101 7.8	Approves the Applicants requested ninety (90) days to make the necessary repairs to the emergency lights.
	b.  NFPA 101 9.6.2.9	Approves the Applicants request until the summer vacation of 2014 to provide additional notification and detection in the bathrooms.
	c.  NFPA 101 15.2.9	Approves the Applicants request for ninety (90) days to install emergency lighting in the library.
	d.  Tunnel: 		Approves the Applicants request to replace the boiler room door to the tunnel with a fire door, emergency lighting and exit signs and approved the request to complete this work by July of 2014.
	e.  It is the understanding of the Board that in the auditorium, which is presently closed for ceiling repairs, the smoke and heat detectors as well as the emergency lights are part of the refurbishing plan to be conducted by Cardozi Construction.  Accordingly, the Board approves the Applicants request to have this work completed within sixty (60) days and to get a quote from the fire alarm contractor.

Appeal 130172
	The Board hereby grants the Applicant the following time variances covering the Fallon Elementary School.
	a.  NFPA 101 7.8/7.8.1.1	The Board approves the Applicants request for ninety (90) days to make the necessary repairs to the emergency lights.
	b.  The Board approves the Applicants request until July of 2014 to make the necessary repairs to the emergency lights in the gymnasium.
	c.  The Board directs the Applicant to work with the Pawtucket Fire Marshal and to provide the second means of egress from the old building classroom, or an alternative approved by the Marshal, within a timetable established by the Marshal.

Appeal 130174
	The Board hereby grants the Applicant the following time variances covering the Cunningham Elementary School.
	a.  The Board hereby approves the Applicants request to make the necessary repairs to the strobe lights in the bathrooms by July of 2014.
	b.  The Board hereby approves the Applicant request to provide emergency lighting in the paint shop and boiler room by July of 2014.

Appeal 130168
	The Board hereby grants the Applicant the following time variance covering the Potter Burns Elementary School.
	a. The Board hereby approves the Applicants request for ninety (90) days to make the necessary repairs or replacement of the emergency lighting.

Appeal 130170
	The Board hereby grants the Applicant the following time variances covering the Goff Junior High School.
	a.  The Board hereby grants the Applicants requested time variance until July of 2014 to make the necessary repairs to the detection on the stair landing of this facility.
	b.  The Board hereby grants the Applicants requested ninety (90) days to make the necessary repairs to the emergency lighting found not to be working in this school.

Appeal 130175
	The Board hereby grants the Applicant the following time variances covering the Flora Curtis Elementary School.
	a.  The Board hereby grants the Applicants requested time variance until July 2014 to provide an exit sign by room 24 at the door facing the playground and the door facing Bloodgood Street.
	b.  The Board hereby grants the Applicants requested ninety (90) days to make the necessary repairs to the emergency lighting in this facility.
	c.  The Board hereby grants the Applicants request to provide approved detection in the closet by room 3 and the janitors closet by July 2014.
	d.  The Board hereby grants the Applicants request to provide detection and notification in the bathroom of this facility by July of 2014.

Appeal 130171
	The Board hereby grants the Applicant the following time variances covering the Jenks Junior High School.
	a.  The Board hereby grants the Applicants requested thirty (30) days to repair or replace the cited heat detectors in this facility.
	b.  The Board hereby grants the Applicants requested thirty (30) days to repair the exit sign at the Blue Learning Center.

Appeal 130169
	The Board hereby grants the Applicant the following time variances covering the Shea High School.
	a.  The Board hereby grants the Applicant a time variance to provide this facility with a complete new fire alarm system upgrade on or before June of 2014.  As a condition of this relief, the Board directs the Applicant to provide temporary smoke detection in this area, to be installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office within thirty (30) days of the date of this decision.
	b.  It is the understanding of the board that all emergency lights have been repaired or replaced as of October 25, 2013.
	c.  The Board hereby grants the Applicant a time variance of ninety (90) days in order to make all necessary repairs to the stage curtains and to render them fire retardant, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.

Appeal 130176
	The Board hereby grants the Applicant the following time variance covering the Varieur Elementary School.
	a.  It is the understanding of the Board that all necessary repairs are in progress at this time.  The Board hereby authorizes the Pawtucket Fire Marshals Office to extend any deadlines as necessary.
Appeal 130177
	The Board hereby grants the Applicant the following time variances covering Tolman High School.
	a.  It is the understanding of the Board that all necessary repairs are in progress at this time.  The Board hereby authorizes the Pawtucket Fire Marshals Office to extend any timelines for the completion of these repairs.

In addition to the time granted by the Board above, the Pawtucket Fire Marshals Office is hereby authorized to extend any of the above timelines for good faith efforts being demonstrated by the Applicant.

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)].