The above-captioned case was scheduled for hearing on September 27, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Richards, Blackburn, Newbrook, Preiss, Evans, Burlingame, Pearson, OConnell and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Curtis Wise of the East Providence Fire Marshals Office.  A motion was made by Commissioner Evans and seconded by Commissioner Richards to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the September 27, 2005 hearing on this matter, the Board was advised and finds that the East Providence Fire Marshals office advised the Applicant, by letter dated July 29, 2005, that the stove in the multi-purpose room in this facility would require a hood and duct with extinguishing system.  In a follow-up letter to the East Providence Fire Marshals office, on the same day, the Applicant advised that there are two (2) household quality stoves/ovens in the Wolf School.  The Board was further advised and finds that one (1) of the stoves is located in the faculty lounge and one (1) in the multi-purpose room.  The Board was further advised and finds that the one in the faculty lounge can only be used by faculty for heating and baking activities that would not generate grease-laden vapors.  The Board was further advised and finds that the stove/oven in the multi-purpose room would be used for additional activities.  
	The Board was further advised and finds that both stoves are electric domestic ovens.  The Board was further advised and finds that cooking in the multi-purpose room was done under the supervision of faculty with a one-to-four ratio of teachers to students.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance from the provisions of section 50.2.1 and 50.4.3.2 in order to allow the Applicant to provide the multi-purpose room stove with an approved shut-off tied into the fire alarm system of this facility by relay and key at the direction and to the satisfaction of the East Providence Fire Marshal's office.  The Board further directs the Applicant to provide the stove with an approved residential ansul system, installed at the direction and to the satisfaction of the East Providence Fire Marshal within a timetable established by that office.  Finally, the Board notes that the faculty stove shall not be utilized for the generation of grease-laden vapors.  Accordingly, the faculty stove may remain as is.  If the Applicant wishes to generate grease-laden vapors with the faculty stove in the future, the Applicant is directed to first bring this stove into full compliance with the code.

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)].