As indicated in the file, a show cause hearing involving the above-captioned properties was conducted on September 15, 2015 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Filippi, Jackson, Pearson, Richard and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Peter McMichael of the Providence Fire Marshals Office and Chief Deputy State Fire Marshal James Gumbley of the State Fire Marshals Office.
APPLICANT: Alan Sepe.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Mr. Alan Sepe (Director of Operations) of 25 Dorrance Street, Providence, RI on June 3, 2013.
3.	The Application was received by the Board and File  (See List) opened on June 6, 2013.
4.	The Providence schools have been before the Board on a number of occasions in the past, with Decisions issuing on 12/19/03, 4/15/04, 4/16/04, 8/31/04, 3/3/10, 7/31/13 and 9/11/13.
5.	A hearing on the Application for Phase I (Priority 1 and 2 schools) was conducted on June 3, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review with a Decision issued dated June 18, 2014.
6.	A hearing on the Application for Phase II (Priority 3 and 4 schools) was conducted on July 15, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review with a Decision issued dated July 24, 2014.
7.	On August 13, 2015 Chief Deputy State Fire Marshal James Gumbley advised the Board that the June 1, 2015 compliance date for the required status updates has not been complied with by the City.
8.	A show cause hearing on Decisions  130076 through 130112 was conducted on September 15, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
9.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion passed on a 5 to 0 vote with Commissioner Jackson abstaining from the vote.

DETERMINATIONS ON DECISIONS AND VARIANCES

1.	The Board hereby reinstates all variances previously granted in Decisions  130076 through 130112 dated June 18 and July 24, 2014 in accordance with Fire Safety Code section 6-2-22 and grants the Applicant an additional time variance of fourteen (14) days from the date of this hearing to submit a status update on all listed schools to the State and Providence Fire Marshal's Offices for approval.  The Board further grants the Applicant an additional ninety (90) days from the date of this hearing for the Applicant to provide a certification of spending authority for this project by the City to the State Fire Marshals Office.
2.	In consideration of the relief granted herein, the Board directs that the Applicant continue to provide an annual updated status report to the Board and to the Providence and State Fire Marshals Offices until the completion of all work.  Said reports are to be submitted on or before the 1st of June each year with the next report due on June 1, 2016.

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).

STATUS OF DECISION AND APPEAL RIGHTS

1.	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).
2.	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).
3.	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).
4.	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)].