The above captioned cases were scheduled for hearing most recently on January 22, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Blackburn, Walker, Preiss, Jasparro and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Fire Chief Gerald Bessette of the Barrington Fire Marshal's office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Richard and Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its initial findings of fact in file numbers 040357 through 040368 along with its decision in file numbers 040357A through 040368A as its initial findings of fact in this case.  In addition, the Board was advised and finds that the Applicant, the Zion Bible College, is planning to vacate its campus on or before August 15, 2008.  The Board was further advised and finds that the Applicant has not fully complied with all of the requirements of the original decisions in this case.  However, the Board finds that the Applicant shall maintain all existing systems in 100 operation.  The Board further finds that the Applicant shall maintain all means of egress.  The Board further finds that the Applicant shall maintain the existing fire watch in the dormitories throughout this complex between the hours of 12:00 midnight to 6:00 A.M.
	The Barrington Fire Marshal along with the Applicant have further noted that prior to any future occupancy of this facility after August 15, 2008, the facility shall either be brought into full compliance or the Board will be presented with a new plan of action at that time.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  Pursuant to the request of the Applicant, and in light of the program for fire safety developed with the Applicant and the Barrington Fire Marshal's office as outlined above, the Board hereby grants the Applicant a time variance until August 15, 2008 either to correct all remaining deficiencies or to vacate the facility in accordance with its plan of action.  As a condition of this variance, the Board directs the Applicant to work with the Barrington Fire Marshal's office to ensure that all systems shall be maintained and that all means of egress shall be maintained.  The Board further directs the Applicant to work with the Barrington Fire Marshal's office to ensure that fire watches are maintained in the dorms between 12:00 midnight and 6:00 A.M.  Finally, the Board notes that any future occupant of this facility shall either bring this facility into full compliance with the original decision or present the Board with a new plan of action prior to the actual re-occupancy of this complex.

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)].