The above-captioned cases were most recently scheduled for hearing on February 13, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Coutu, Richard and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Richard to approve the Applicant’s plan of action as outlined below.  The motion passed with Chairman Farrell abstaining.

FINDINGS OF FACT
	
The above captioned facilities were previously heard and decisions were issued on December 19, 2003.  Part of these decisions allowed the Applicant a time variance, until January 30, 2004, to present the Board and the Providence Fire Marshal with an approved plan of action to provide the above facilities with sprinkler coverage.  The Applicant reappeared before the Board on January 13, 2004 to present the plan of action, outlined below and to further address any remaining issues within these facilities.  The Board's decision herein reflects the overall plan of action.  Any individualized relief will be addressed by separate decisions by the Board.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants a variance in order to allow the Applicant to maintain the existing construction and rating of the transoms, doors and door frames within the egress system of the above captioned facilities.  In granting this variance, the Board directs the Applicant to provide approved sprinkler coverage throughout the egress system of corridors and stairs and to further provide an approved sprinkler head inside each classroom to cover transoms and doors in lieu of replacement.  As a further condition of this variance, all of the transoms shall be sealed in the closed position and all operational hardware shall be removed or disabled to the satisfaction of the Providence Fire Marshal’s Office.  The Board further directs the Applicant to provide approved sprinkler coverage in all hazard areas of the facility including fully operational kitchens and boiler rooms.  The Providence Fire Marshal’s Office shall have full discretion in determining whether a particular area shall be deemed a “hazardous  area”.  The above limited-coverage sprinkler systems shall be properly engineered to have the capability of expansion throughout the entire facility.  Further, they shall be installed at the direction and to the satisfaction of the Providence Fire Marshal.  Upon completion of the above system, the Applicant shall be further granted a variance in order to occupy the lower level of these schools with students.
	
It is the understanding and direction of the Board that the above school shall be provided with approved sprinklers covering at least the stairwell assembly by the beginning of the 2004-2005 school year.  The Board further directs the Providence Fire Marshal and the Applicant to meet to establish a time table for the completion of this project within the above captioned schools.  Finally, the Board directs the Applicant to meet with the Providence Fire Marshal’s Office in June 2004 and to present the Providence Fire Marshal’s Office with an approved plan of action for the multi-year, phase in limited sprinkler coverage of the remaining thirty (30) school buildings in the city of Providence.

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 Applicant’s 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 Board’s 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 Board’s 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)].