The above-captioned case was scheduled for hearing on June 24, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Jackson, Preiss, Pearson, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal James Conway of the Valley Falls Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Richard, Blackburn and Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the subject facility is the Joseph L. McCourt Middle School located at 45 Highland Avenue in Cumberland.  The Board further finds that a full plan of action was developed for this facility as outlined in file number 050261.  Accordingly, the Board hereby adopts its original findings of fact in file number 050261 as its initial findings of fact in this case.  In addition, the Board now finds that the Applicant has now requested an extension of time for the installation of the fire alarm and heat detection systems within this facility.  Finally, it is the understanding of the Board that the Valley Falls Fire Marshal's office has no objection to the requested time extension.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance in order to complete the installation of the fire alarm and heat detection systems prior to the re-occupancy of students in this facility in September of 2009.  Specifically, the fire alarm system shall be installed in this facility prior to the 2009-2010 school year, at the direction and to the satisfaction of the Valley Falls Fire Marshal's office.  As a condition of this variance, the Board directs the Applicant to submit an approved plan of action to the Valley Falls Fire Marshal's office and to have that plan approved on or before December 31, 2008.  

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)].