The above-captioned case was originally scheduled for hearing on March 15, 2011 and a decision in file number 110033 was issued on May 20, 2011.  Pursuant to a request by the parties, the Board rescheduled this case and a second hearing was conducted on August 30, 2011.  At that time, Chairman Newbrook and Commissioners Richard, Blackburn, Burlingame, Sylvester, Jackson and Dias were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Oscar Elmasian, James Bellamy and Robert Powers of the East Providence Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioners Jackson and Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file number 110033 as its initial findings of fact in this case.  In addition, the Board finds that the circumstances of the original decision have changed in that this building appears to remain occupied.  Accordingly, the Board finds that the East Providence Fire Marshals Office has no objection to a new time variance until January 1, 2012 for the installation of a fire alarm system and separation of the boiler room, provided that the occupants of this facility are moved to the first floor.  The Board finds that the East Providence Fire Marshals Office has no objection to extending the time for the fire code compliance for the stair enclosures to a period prior to re-occupancy of the second floor.  
The Board finds that the East Providence Fire Marshal is conditioning his support of the above relief on the current occupancy of the first floor.  Specifically, if the Board finds that the occupancy of the first floor intensifies, the East Providence Fire Marshals Office may require a new plan of action.  Finally, the Board notes that the parties have requested that the file be left open in order to address Phase II of the Applicants plan of action.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In light of the fact that the Applicant did not vacate this facility, the Board hereby grants a time variance until January 1, 2012 for the Applicant to provide this facility with an approved fire alarm system and separation of the boiler room.  This variance is contingent upon the Applicants moving of the occupants of this facility to the first floor and maintaining the upper level vacant, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  The Board further grants the Applicant a time variance to bring the stair enclosures of this facility into compliance with the code on or before the re-occupancy of the second floor of this facility.  The Board notes that if the occupancy of the first floor intensifies in the future, the East Providence Fire Marshals Office is hereby authorized to require a new plan of action from the Applicant to address this intensified occupancy.  Finally, the Board hereby authorizes the East Providence Fire Marshals Office to extend any of the above timelines for good faith efforts being shown by the Applicant.
	2.  The Board hereby maintains this and the other East Providence School files open to allow the parties to return for review of their plan of action for Phase II of the fire alarm upgrades for these facilities.  The Board notes that this Phase II review is optional and would not be necessary if the parties are in agreement as to all of the terms of the plan of action.

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)].