The above-captioned case was scheduled for hearing on August 28, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Jackson, Walker, Filippi and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the August 28, 2007 hearing on this matter, the Board was advised that the subject facility, the Wickford Middle School, was in the process of renovating which would include the addition of a new, non-required sprinkler system.  The Board was further advised that there are two (2) attics in this facility, one being the attic built in the original building in the 1930s and the other over an addition of the building built in the 1950s.  The Board further finds that both attics are difficult to access.  The Board further finds that there are limited combustibles in the attic areas and that there will be no storage in the areas.  The Board further finds that the Applicant has proposed to install thermal detection in lieu of sprinklers in this area.  Specifically, the Applicant is requesting to use Protecto-wire in the attic areas.  Finally, the Board notes that the sprinkler system may not be completely installed prior to the re-occupancy of school by the students.  Accordingly, the Applicant has requested that the North Kingstown Fire Marshal's office be granted the additional authority to approve the issuance of a temporary certificate of occupancy for the facility.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to utilize approved Protecto-wire as part of the fire detection in the attic areas of this facility in lieu of sprinkler heads.
	2.  The Board hereby grants the North Kingstown Fire Marshal's office the authority to approve the issuance of a temporary certificate of occupancy for this school in order to allow students to occupy the school at the commencement of the 2007-2008 school year.  As a condition of the TCO, the Applicant is directed to provide any additional safeguards deemed necessary by the North Kingstown Fire Marshal's office prior to the re-occupancy by the children.

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)].