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 Walker and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that the subject facility is the Davisville Elementary School.  The Board further finds that the Applicant is requesting a time variance and authority for the North Kingstown Fire Marshal to approve the issuance of a temporary certificate of occupancy for this facility.  The Board further finds that the Applicant is in the process of installing a new fire alarm and a new sprinkler system, but there is the possibility that the sprinkler system will not be completed by the first day of school on August 29, 2007.  However, the Board was advised and finds that the fire alarm system would be operational by the start of school and it would include hallway smoke detection and pull stations.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant time to complete the upgrade of the fire alarm and sprinkler system of this facility, at the direction and to the satisfaction of the North Kingstown Fire Marshal's office and further grants the North Kingstown Fire Marshal's office the authority to approve the issuance of a TCO to allow this facility to be occupied by the incoming students.  In granting this relief, the Board notes that the Applicant shall provide any additional safeguards deemed necessary by the North Kingstown Fire Marshal's office prior to a full certificate of occupancy being issued.

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)].