The above-captioned case was scheduled for hearing on January 24, 2006 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Preiss to approve the Applicants plan of action.  The motion was unanimous.
FINDINGS OF FACT
	The attached May 18, 2005 plan of action for this facility was reviewed and deemed acceptable by the Providence Fire Marshals office.  Accordingly, the Board hereby incorporates the May 18, 2005 plan of action as its initial findings of fact in this case.  Specifically, the Board finds that the subject facility is the main building of LaSalle Academy.  The Board further finds that the present school building is an existing educational occupancy constructed in 1927 as a three story structure with walk-out basement design.  The Board further finds that the construction is a combination of load bearing masonry, multi-wythe brick and/or terra cotta walls, and steel framing, concrete and terra cotta floor deck, meeting and/or exceeding the requirements of construct type III (200).  The Board further finds that the building contains approximately 172,000 square feet.
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby approves the Applicants May 18, 2005 plan of action for the fire safety renovation of this facility.  Accordingly, the Applicant is directed to bring this facility into compliance within the stated time frames.  The Board, as part of this plan of action, also grants all of the requested variances listed on the May 18, 2005 plan of action.  In granting this relief, it is the understanding of the Board that the Providence Fire Marshals office has no objection.

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)].