The above-captioned case was scheduled for hearing on February 5, 2008 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Pearson, Filippi, Walker, Preiss, Blackburn and Richard were present.  Commissioner Jackson did not participate in this case.  A motion was made by Commissioner Filippi and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts as its initial findings of fact the building description outlined in the March 22, 2007 compliance inspection report compiled by the Pawtucket Fire Marshal's office.  In addition, the Board finds that the Applicant is working with the Pawtucket Fire Marshal's office to provide sprinkler coverage within this facility.  The Board further finds that the Applicant is planning to commence this project after the school closes for the summer.  The Board finds that the Applicant was originally requesting an extension to December 31, 2008.  However, the Board determined that an extension to the commencement of the 2008-2009 school year would be appropriate, provided that the Pawtucket Fire Marshal would be authorized to extend this deadline for good faith efforts being shown by the Applicant.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a time variance until the commencement of the 2008-2009 academic year in September of 2008 in order to allow the Applicant to provide this facility with sprinkler coverage to the satisfaction of the Pawtucket Fire Marshal's office.  In granting this relief, the Board hereby authorizes the Pawtucket Fire Marshal's office to extend the above deadline for good faith efforts being made by the Applicant in bringing this facility into 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)