The above-captioned case was most recently scheduled for hearing on January 30, 2007 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Blackburn, Newbrook, Preiss, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Glen Bathgate of the Cranston Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the January 30, 2007 hearing on this matter, the Board, the Applicant and the Cranston Fire Marshal's office referenced a July 25, 2006 annual inspection report compiled by the Cranston Fire Marshal's office.  Accordingly, the Board hereby incorporates the July 25, 2006 annual inspection report as its initial findings of fact.  Additionally, the Board finds that this facility is one of the schools that came before it on May 18, 2006 and was assigned a timetable for compliance of December 31, 2006.  The Board further finds that at the time the school was so assigned, the parties believed that there was no substantial work required.  However, as a result of the above annual inspection, the Applicant was advised that this facility required substantial renovations. 
	The Board was further advised and takes administrative notice of the fact that many of the Church-operated schools within the state were assigned completion dates of December 31, 2008 if there were substantial deficiencies to be corrected.  In light of the above, the Applicant is requesting to place the subject school within the above group and either complete the correction of the deficiencies for the school by December 31, 2008 or build a new compliant facility for the children.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby reassigns the subject facility to the group having a completion date of December 31, 2008.  Accordingly, the Board directs the Applicant to correct the deficiencies within this school on or before December 31, 2008 or to cease occupancy of the school at that time.  In granting the above relief, the Board has been advised by the Applicant that plans for the construction of a new school are being given serious consideration at this time.  The Board notes that the major protection systems in this school are operational and that the Cranston Fire Marshal's office has no objection to the extended time for compliance.

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)].