After two prior appearances, (080231 and 080231A), the above-captioned case was most recently before the Board on October 19, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Richard, Jasparro, Pearson, Walker, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Raymond Pacheco of the Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	By way of background, the Board hereby adopts its original findings of fact in file numbers 080231 and 080231A as its initial findings of fact in this case.  In addition, the Board had before it a September 7, 2010 letter from the Applicants architect, Kathleen A. Bartels, AIA.  The Board hereby adopts Ms. Bartels letter as its additional findings of fact.  Specifically, the Board finds that the Applicant has completed full sprinkler coverage within this facility, has provided an approved boiler room door and replaced the wired glass enclosures in the egress stair corridors with one-hour walls and one-hour rated latching doors on three (3) floors.  The Board further finds that the school was not able to complete the required work to replace the wired glass doors and assemblies at the main office and library prior to the start of school due to the long lead time for Firelite glass.  The letter further advised that the completion of this work will be an upgrade to the minimum requirement of 5/8 rated sheetrock over the existing wired glass, since it will result in a fully compliant one-hour rated stairway.  Finally, the Board finds that the Applicant has requested this extension to complete the work over the Christmas break.
	It is the understanding of the Board that all other fire code deficiencies have been corrected by the Applicant.  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.  The Board hereby grants the Applicant an extension of the original time variance granted in order to bring this facility into full compliance with the code prior to the end of the 2010-2011 academic year.

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)].