The above-captioned case was scheduled for hearing on March 10, 2009 at 1:00 P.M. At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jasparro, Walker, Pearson, Filippi and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Tom Karpovitz of the Middletown Fire Marshals Office.  
An initial motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant the relief as outlined herein - with the sole exception of the requested relief from certain ceiling detection.  The vote on the initial motion was unanimous. A second motion, to allow the Applicant to provide ceiling detection only in those areas determined to be combustible by the Middletown Fire Marshal, was made by Commissioner Richard and seconded by Vice Chairman Newbrook. This motion passed over the dissenting votes of Commissioners Blackburn and Dias. 

FINDINGS OF FACT

	The Board hereby adopts, as its initial findings of fact the information found in the submitted inspection reports compiled by the Middletown Fire Marshals Office. Specifically, the November 12, 2008 inspection report covering 130 Valley Road (Middletown High School); the November 6, 2008 inspection report covering 315 Forest Avenue (Forest Avenue School); the November 7, 2008 inspection report covering 70 Reservoir Avenue (Aquidneck School); the November 6, 2008 inspection report covering 740 West Main Road (Kennedy School); and the November 10, 2008 inspection report covering 1113 Aquidneck Avenue (Gaudet Middle School).	 

	The Board further finds that, with the exception of the fire alarm upgrades (above-ceiling detection), the High School and Middle School deficiencies appear to have been addressed by the Applicant. By letter dated February 12, 2009, the Board was advised and finds that the Middletown Fire Marshals Office supports variances from RILSC 7.2.1.4.3 to allow the in-swinging boiler room doors to remain in light of the second means of egress from these areas; to grant the Applicant time to complete the installation of the full coverage fire alarm system in the schools; structural relief from RILSC 7.2.1.4.4 to allow the existing doors to swing into the corridors; and relief from RIUFC 13.8.10.5.4.1 to allow the deletion of fire alarm detection in spaces deemed to be non-combustible by the Middletown Fire Marshals Office.  

	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, shall be 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 state fire marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from the provisions of RILSC section 7.2.1.4.3 in order to allow the Applicant to maintain the existing in-swinging boiler room doors within the above-captioned schools. The Board notes that these doors were most probably installed under the prior fire code that required these boiler room doors to be designed to contain explosions within older boiler rooms. The Board further notes that the Middletown Fire Marshal has no objection in light of the second means of egress from these areas.
2.	The Board hereby grants a time variance in order to allow grant the Applicant time to complete the installation of the full coverage fire alarm system, and correct any remaining deficiencies, in the Forest Avenue School prior to the commencement of the 2009-2010 academic year in September of 2009. 
3.	The Board hereby grants a time variance in order to allow grant the Applicant time to complete the installation of the full coverage fire alarm system, and correct any remaining deficiencies, in the Aquidneck Avenue School prior to the commencement of the 2010-2011 academic year in September of 2010.
4.	The Board hereby grants a system-wide variance from RILSC 7.2.1.4.4 in order to allow the Applicant to maintain any existing doors that swing into the corridors at the direction and to the satisfaction of the Middletown Fire Marshals Office.  
5.	The Board hereby grants a system-wide variance from the provisions of RIUFC 13.8.10.5.4.1 in order to allow the deletion of fire alarm detection in spaces deemed to be non-combustible by the Middletown Fire Marshals Office. In addition to the above time variances, the Board grants the Applicant until the commencement of the 2010-2011 school year, in September of 2011, to complete the fire alarm upgrades in the High School and until the commencement of the 2011-2012 school year, in September of 2012, to complete the fire alarm upgrades in the middle school. The Middletown Fire Marshals Office shall have the authority to extend the above deadlines, if, in his opinion, good faith efforts being made by the Applicant to comply with these fire alarm upgrades.  

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)].