The above-captioned case was originally scheduled for hearing on January 20, 2004 at 1:00 PM. After reviewing the matter with the Superintendent of Schools and the fire service, the Board directed the parties to develop a plan of action for this facility. The parties presented their May 17, 2004 plan of action to the Board on June 15, 2004.  At that time, the Board approved the May 17, 2004 plan and further directed that the file would remain open if either the Cumberland Hill Fire Marshals Office or the Cumberland School Department had additional questions, concerns and/or issues. 
	The parties thereupon requested to re-open this file for review of a November 10, 2006 proposal presented to the Cumberland Hill Fire Marshal by the Applicants architects. The case was thereupon scheduled for hearing on November 14, 2006 at 1:00 PM. At that time, it was determined that a subcommittee of the Board would conduct an on-site review of the facility and evaluate the newly presented plan of action. Accordingly, on November 28, 2006 at 9:00 AM, a subcommittee of the Board, consisting of Chairman Coutu, Vice Chairman Burlingame, the Executive Director and Commissioners Blackburn, Newbrook, Pearson and Richard met onsite with the representatives of the Applicant, the Cumberland Hill Fire Marshal and Fire Chief. 
	The subcommittees findings and recommendations were reported back to the Board during the regularly scheduled meeting held on November 28, 2006 at 1:00 P.M. At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Preiss, Pearson and Filippi were present.  A motion to accept the subcommittees recommendations, as outlined herein, was made by Vice Chairman Burlingame and seconded by Commissioner Newbrook. The motion was unanimous. Accordingly, the subcommittees approved recommendations now have the status of a full Board Decision. 

FINDINGS OF FACT

The Board hereby adopts its original findings of fact in file numbers 030351 and 030351A as its initial findings of fact in this case. The Board further incorporates the November 10, 2006 letter from the Applicants representative as its follow-up findings of fact relating to the Applicants plan for this facility. However, the Board further finds that the November 10, 2006 plan has now been modified due to the 
Applicants new plan to provide full sprinkler and fire alarm coverage throughout this complex as outlined below.
The Board further finds that the Applicant is currently involved in a massive renovation and reconstruction of the Cumberland High School. The Board was further advised, by the Applicants representatives, during the onsite November 28, 2006 subcommittee meeting, that the Applicant now plans to provide this complex with full and complete fire alarm and sprinkler coverage. Accordingly, the Board finds that several of the proposed variances are now moot due to the full sprinkler coverage. 
The Applicant has requested additional time to accomplish this fire protection upgrade due to the fact that the facility shall remain occupied during the ongoing renovations. The Board further finds that the existing fire alarm system shall remain in service throughout the period of renovations and that the Applicant shall continue to conduct regular fire drills at the direction and to the satisfaction of the Cumberland Hill Fire Marshals Office.  
The numbers of the Decision below address the proposed Fire Code Plan of Action for this facility submitted, as an attachment to the most recent application, by the Applicant and reviewed by both the subcommittee and the full Board on November 28, 2006. Again, during the subcommittee review, the members were advised that the above Fire Code Plan of Action would now include full 100 sprinkler and fire alarm coverage. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the state fire code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants the Applicant a time variance, to complete the proposed plan of action to bring this facility into compliance with the code, at the direction and to the satisfaction of the Cumberland Hill Fire Marshals Office, on or before December 31, 2007.  The Board hereby authorizes the Cumberland Hill Fire Marshals Office to grant the Applicant an extension of the above time period, without returning to the Board, for good cause shown. 
2.	In light of the Applicants current plan to provide this complex with 100 sprinkler and fire alarm coverage, the Board finds that Item 2 is moot because the Applicant is allowed to display art work and teaching materials on up to 50 of the wall area of a fully sprinkled building. 
3.	During the November 28, 2006 onsite subcommittee meeting, the members were advised that the Applicants current plan is to correct this deficiency by blocking off the existing air transfer grills and providing an approved alternative air exchange comparable to that which exists in other areas of this complex. Accordingly, Item 3 is also moot. 
4.	The Board hereby grants a variance from the provisions of section 7.2.2.5.3.1 in order to allow the Applicant to maintain the cited mechanical/pump/storage rooms located in the existing stair enclosures. This variance is granted on the basis of structural hardship and further conditioned upon the protection of these areas with approved rated doors, rated hardware, sprinkler and smoke detector coverage, installed at the direction and to the satisfaction of the Cumberland Hill Fire Marshals Office.
5.	The Board hereby grants a variance from the provisions of Table 13.1.6, and its referenced standards, in order to allow the Applicant to maintain the existing school library in its current location. This variance is granted in light of the limited occupancy of this area, the new sprinkler and alarm coverage, and the Applicants proposed modifications of the egress system. 
6.	In light of the Applicants current plan to provide this complex with 100 sprinkler and fire alarm coverage, the Board finds that Item 6 is moot because the Applicant is not required to provide windows for rescue in a fully sprinkled building. 
	As a further condition of the above relief, the Board hereby directs the Applicant to remove the non-compliant sprinkler head style heat detectors from the existing system in this facility at the direction and to the satisfaction of the Cumberland Hill Fire Marshals Office. 

STATUS OF DECISION AND APPEAL RIGHTS
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)].