The above-captioned case was originally heard by the Board on January 19, 2011 and a decision was issued on March 31, 2011.  As part of that decision, the Board maintained this file as an open file in order to allow the parties to return.  By letter dated July 28, 2011, the Applicants attorney advised the Board that the Cranston School Committee had not yet decided whether to extend its lease for this facility.  Accordingly, this matter was scheduled for review by the board on August 30, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Richard, Blackburn, Burlingame, Sylvester, Jackson, Walker and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Glenn Bathgate of the Cranston Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Burlingame and Richard.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 080313 as its initial findings of fact in this case.  In addition, the Board finds that the fire protection systems within the subject facility adequately address industrial use.  However, the Board finds that it may be necessary to extend the above fire protection systems within this facility in the event it continues as an educational occupancy.  The Board further finds that this property is currently leased by the Cranston School Committee as a charter school.  The Board further finds that, as of the date of the hearing, the Cranston School Committee had not advised the Applicant as to whether it would extend the lease currently scheduled to expire on August of 2012.  Finally, the Board was advised and finds that if this lease is extended, the Applicant shall make the required educational upgrades.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance in order to delay implementation of the upgrade of the existing fire protection systems of this facility until August of 2012.  The Board notes that at that time, the Applicant has agreed to make the necessary fire protection system upgrades, required under the educational occupancy, if the lease for this facility is extended by the Cranston School Committee.  The Board notes that if the facility is no longer classified as an educational occupancy, the existing system appears to be adequate for an existing industrial occupancy.  As a condition of this variance, the Board directs the Applicant to have the existing fire alarm panel properly inspected and labeled within thirty (30) days from the date of this decision.

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)].