The above-captioned case was scheduled for hearing on March 4, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Filippi, Walker, Jasparro, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Claude Laflamme of the Cumberland Hill Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioners Blackburn and Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the March 4, 2008 hearing on this matter, the Board had before it a January 31, 2008 letter from the Cumberland Hill Fire Marshal's office to the Principal of the Cumberland High School.  The Board hereby incorporates this letter as its initial findings of fact.  Specifically, the Board finds that the parties had determined that an autistic child attending this school had a painful reaction to the fire alarm horn strobes located in his classroom.  The Board further finds that the Cumberland Hill Fire Marshal's office approved the changing of one (1) classroom horn strobe to a strobe only as he was originally informed that this is where the child spent his entire day.  However, the Board finds that the Cumberland High School is now asking the Cumberland Hill Fire Marshal's office to change the horn strobe units to strobe-only units in two (2) additional classrooms.  The Board finds that the Cumberland Hill Fire Marshal's office determined that these additional modifications should be referred to the Board for review.  Finally, the Board notes that there is a horn strobe located in close proximity to both of the subject classrooms and therefore the Cumberland Hill Fire Marshal's office would not object to the additional fire alarm changes as long as the Board of Appeal allows these changes to be made.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Cumberland Hill Fire Marshal the authority to allow for the replacement of the horn strobe units to strobe-only units in the three (3) classrooms occupied by the autistic child attending this school.  In granting this relief, the Board notes that there are horn strobes located in close proximity to the above classrooms that would provide notification without unnecessary disruption.

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)].