The above-captioned case was scheduled for hearing on January 7, 2014 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Walker, Thornton, Jackson, Richard, Blackburn, Burlingame and Sylvester were present.  In addition, Department of Administration Deputy Legal Counsel Peter Dennehy was present.  The fire service was represented by Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Sylvester 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 September 9, 2013 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the January 7, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the September 9, 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.  It was noted by the Board that a previous Decision (110230) for this facility had been issued on June 27, 2012.
	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, 3 & 4.  The Board hereby grants the Applicant a time variance in order to allow the Applicant to correct deficiencies 1, 3 and 4 as outlined on the September 9, 2013 inspection report, on or before June 1, 2014.  At the time the Applicant is directed to notify the Newport Fire Marshals Office to schedule a 100 reacceptance test of the entire facility fire alarm system.
2, 5 - 16.  The Board hereby grants the Applicant a time variance in order to allow the Applicant to correct deficiencies 2 and 5 through 16 as outlined on the September 1, 2011 inspection report, on or before the commencement of the 2014-2015 academic year in September of 2014.  The Board notes that the above corrections shall be at the direction and to the satisfaction of the Newport Fire Marshals Office.
Finally, the Board hereby directs that the Newport Fire Marshals Office not have the authority to extend the above timelines for good faith efforts being demonstrated by the Applicant and that any further request for time extension is to be brought before the Board.

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)].