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 Assistant Deputy State Fire Marshal Harry Hallgring of the Newport Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that this facility houses classrooms, labs and an assembly area on the lower level.  The Board further finds that the first floor level has classrooms and office space while the upper level houses the faculty and administrative offices.  The Board further finds that the lower and first levels exit directly to the exterior at grade in this fully alarmed and sprinklered building.  The Board further finds that the lower level has approximately 2,930 square feet of usable space while the first and upper levels are approximately 5,614 square feet and 1,186 square feet respectively.  
	The Board further finds that the Applicant is embarking upon a capital improvement program which includes an addition to this facility as well as refurbishment of the current interior.  The Board finds that the project will provide for an attachment of the facility to the addition and an extension of updated fire protection systems into the addition.  The Board finds that the second floor egress of this facility shall comply after the construction and that the storage room penetrations shall comply to the satisfaction of the Newport Fire Marshals office.  Finally, the Board finds that the fire alarm systems will be upgraded.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a time variance until the commencement of the 2006-2007 school year, for the Applicant to bring this facility into compliance, to the satisfaction of the Newport Fire Marshals office. 

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)].