This matter was previously before the Board and the Applicant was given thirty (30) days to develop and submit a plan of action to the Cumberland Fire Marshal’ s Office.  The Applicant subsequently provided the Cumberland Fire Marshal’s Office with this plan of action for this facility.  The matter was most recently scheduled for hearing on June 15, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Evans, Wahlberg, Preiss, Newbrook, Burlingame, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Claude LaFlamme of the Cumberland Hill Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby relies on its original findings of fact in file number 030351.  In addition, the Board finds that the applicant has submitted an approved plan of action on May 17, 2004 to the Cumberland Hill Fire Department.  The Board further finds that the door, cited in deficiency #50, did not pass under the old code but there was no reference to such a door in the new code.  The Board further finds that if Applicant installs an exit sign on the second floor of this facility it would not have to consider the stairs down as an exit.  The Board further finds that the applicant would provide a self-closure on the door at the bottom of the stairs and would correct the duct work in the stairs by the summer of 2005.  Finally, the Board finds that the Applicant shall complete the fire alarm system in this facility on or before the 2005-2006 academic year.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby approves the Applicant’s May 17 plan of action with the specific modification outlined in its findings of fact above.  As a condition of this approval, the Board directs the Applicant to complete the fire alarm system in this facility on or before the commencement of the 2005-2006 academic year.  Finally, the Board shall leave this file open in the event that there are questions or issues raised by either the Cumberland Hill Fire Marshal’s Office or the Cumberland School Department.

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)].