The above-captioned case was scheduled for hearing on November 15, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Burlingame and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  A second motion was made by Commissioner Preiss and seconded by Commissioner Filippi to suspend the issuance of this decision until the State Fire Marshals office was in receipt of a letter from the Town of Hopkinton authorizing the Chariho School District to act on its behalf.  Both motions were unanimous.

FINDINGS OF FACT
	During the November 15, 2005 hearing on this matter, the Board was advised and finds that this is an existing school building.  A full description of this building was outlined in the building description portion of a June 7, 2005 inspection report compiled by the State Fire Marshals office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the November 15, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the June 7, 2005 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (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 in order to continue to occupy this school through the last day of the academic year in June of 2006.  In granting this variance, the Board notes that the Applicant has addressed several of the minor issues discovered in this facility and the Applicant is hereby directed to correct any other deficiencies deemed necessary by the State Fire Marshals office at the direction and to the satisfaction of the State Fire Marshals office.  Finally, the Board shall not issue this decision until it is advised by the owner of this facility, the Town of Hopkinton, that the Chariho School District is acting as its authorized representative in this case.

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)].