The above-captioned case was originally scheduled for a hearing on January 21, 2003 at 1:00 P.M. and a Decision was issued on March 23, 2003.  The Applicant returned to the Board to address and correct additional deficiencies on July 22, 2003 and a Decision was thereupon issued in File No. 020297-A on August 7, 2003.  The Applicant most recently appeared before the Board on September 30, 2003.  At that time, Chairman Farrell and Commissioners Burlingame, Pearson, Coutu, Filippi, Newbrook and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a December 23, 2002 inspection report compiled by the Providence Fire Marshals Office, and the Boards Decisions in file numbers 020297 and 020297A.  The above report was utilized by the Board, the Applicant and the Fire Marshals Office during the January 21, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the December 23, 2002 inspection report, along with the Board's Decisions in file numbers 020297 and 020297A, as its initial findings of fact.
	Additionally, the Board has been advised and finds that the Applicant plans to provide this facility, and several other schools reviewed on September 30, 2003, with approved sprinkler coverage covering the egress systems and hazard areas of this facility.  Further, the above limited sprinkler system would be designed to provide sprinkler coverage on the glass transoms in this facility.  Further, the Applicant has requested additional time to submit a multi-phased plan of action outlining the above limited coverage sprinkler system along with a proposed timetable for compliance.  Finally, it is the understanding of the Board that the only deficiency outstanding in this case is deficiency 3 that addresses the transoms in this facility.

CONCLUSIONS AND VARIANCE REQUESTS 
3.	The Board hereby grants the Applicant a time variance, until January 30, 2004, to present the Board, and the Providence Fire Marshal, with an approved plan of action for the installation of a limited, phased-in, sprinkler system covering the egress system, the transoms located therein, and all hazard areas in this facility.  Accordingly, upon approval of the Applicants sprinkler plan, the Board shall allow the Applicant to maintain the existing transoms as long as they are protected by the proposed egress sprinkler system within a timetable approved by the Board.

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)].