The above-captioned case was scheduled for hearing on March 22, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Evans, OConnell, Preiss, Burlingame, Pearson, Filippi and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Lisa Krapf of the Providence Fire Marshals Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	This facility was previously before the Board and decisions were entered in file numbers 020298 and 030262.  Accordingly, the Board hereby incorporates its original findings of fact in those cases as its initial findings of fact in this case.  The Board further finds that the students at Oliver Hazard Perry Middle School apparently have tampered with the standpipe hose valve station in the stair enclosures.  The Board further finds that a breakaway plastic cap was initially used at these locations, but its use was unsuccessful.  The Board further finds that students have brought tools in and taken the valve wheel off the standpipe system.  The City of Providence and the Providence Fire Marshals office have come before the Board in order to be granted relief to address this situation.  It is the understanding of the Board that all other fire code deficiencies in this facility have been corrected by the Applicant.
	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 State Fire Marshal.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a variance in order to provide the standpipe system and control valve with an approved breakaway lock.  The lock may be equipped with a chain, installed at the direction and to the satisfaction of  the Providence Fire Marshal, or a steel collar, at the direction and to the satisfaction of the Providence Fire Marshals office.  In the event that the Applicant provides this safeguard, the Applicant is directed to leave a key for this system in the Knox box of the school.  This variance is limited to the Oliver Hazard Perry Middle School, however, the Providence Fire Marshals office shall have the authority to make this system available to the other schools only with written approval from the Providence 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)].