The above-captioned case was scheduled for hearing on August 16, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Blackburn, Burlingame, Newbrook, Preiss, OConnell, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Silva and Frank Mills of the Providence Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the August 16, 2005 hearing on this matter, the Board was advised and finds that this is a 65,000 square foot building addition consisting of a concrete foundation with a three-story steel structure.  The Board further finds that the structure is enclosed using engineered steel stud back-up with a combination of concrete block and metal panel veneer.  The Board further finds that there is a bridge connecting the additions main lobby to the existing school for convenience.  The Board further finds that the entire building addition has an automatic fire sprinkler system throughout and that the fire alarm system is fully addressable.  The building is divided into three areas.  The first is the classroom area, the second is the administration with the main lobby and the third is the gymnasium.
	The Applicant has requested an expedited hearing in order to have the Board grant the Providence Fire Marshal the authority to approve the issuance of a temporary certificate of occupancy for this facility.  The Board was further advised and finds that the facility has an approved functioning sprinkler and fire alarm system and that the egress from the occupied areas is deemed sufficient by the Providence Fire Marshals office.
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Providence Fire Marshals Office the authority to approve the issuance of a temporary certificate of occupancy for part or all of this facility.  In granting this request, the Board notes that this facility shall be and shall remain fully sprinklered and fully fire alarmed and that the egress from the occupied areas has been deemed sufficient.  Finally, the Board notes that the Applicant shall provide any additional safeguards within this facility deemed necessary by the Providence Fire Marshals office.

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)].