The above-captioned case was scheduled for hearing on May 18, 2004 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Howe of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the May 19, 2004 hearing on this matter, the Board was advised that the Applicant had not developed a comprehensive plan of action with the Pawtucket Fire Marshal, covering the above school.  The Board was further advised by the Pawtucket Fire Marshal that a comprehensive plan of action would probably utilized between three (3) and five (5) years to address all of the outstanding issues and should be prioritized.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby directs the Applicant to work with the Pawtucket Fire Marshal in developing a plan of action within thirty (30) days of this hearing and to return to the Board for full presentation of its plan of action.
2.	With regard to the Potter Burns School (973 Newport Avenue/ 040119), the Board hereby grants a variance in order to allow the school to maintain class below the level of exit discharge with approved sprinkler coverage in the egress system of this facility with heads on both sides of each classroom door.  The above system shall be developed by the Applicant with the approval of the Pawtucket Fire Marshal and submitted to the Board as part of the overall comprehensive plan of action for this facility as outlined in item 1 above.

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)].