The above-captioned case was scheduled for hearing on March 14, 2006 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Vernon Dunlap of the Providence Fire Marshals Office along with Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshal's office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this facility was originally inspected by the Providence Fire Marshal's office on November 15, 2004.  The Board finds that a fire alarm inspection was conducted by the Fire Alarm Division of the Providence Fire Marshal's office on December 9, 2004.  Finally, the Board finds that the State Fire Marshal's office conducted a follow-up inspection of this facility and issued a report dated January 18, 2006.  Accordingly, the Board hereby adopts the information in the November 15, 2004 and December 9, 2004 inspection reports from the Providence Fire Marshal's office along with the January 18, 2006 follow-up inspection report by the State Fire Marshal's office as its initial findings of fact.  During an initial hearing on this facility conducted on January 17, 2006, the Board directed the Applicant and the Fire Marshals to provide it with a timetable establishing when the remainder of the structure would be provided with automatic fire suppression sprinklers and addressable fire alarm devices.  The Applicant provided the Board with a March 1, 2006 letter outlining its plan of action.  Both the State and Providence Fire Marshal's office appeared and had no objection to the March 1, 2006 plan of action for completion of the fire safety requirements for this facility.  Accordingly, the Board hereby incorporates the attached March 1, 2006 plan of action for the completion of the fire safety elements for this facility.
	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.  The Board hereby adopts the March 1, 2006 plan of action presented by the Applicant as the timetable for compliance with the referenced systems for this facility.  In granting this relief as an extended time variance, the Board notes that both the State and Providence Fire Marshal's offices have no objection in light of the substantial cooperation the Applicant has provided to those offices.
	2.  The Board hereby grants a variance in order to allow the Applicants gymnasium occupancy to be occasionally increased, on an as-needed basis, by the Providence Fire Marshal's office.  The Board recognizes that the Applicant may engage in special events within the gymnasium, and hereby provides the Providence Fire Marshal's office the authority to approve those events with a plan of action acceptable to all parties.

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)].