The above-captioned case was scheduled for hearing on August 28, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Jackson, Walker, Filippi and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshals Lisa Krapf and Christopher Dillon of the Providence Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board notes that this was previously before it on July 24, 2007 in file number 070325.  At that time, the Board approved a request to use temporary egress stair towers and to provide TCO authority for the members of the fire prevention division.  Accordingly, the Board hereby incorporates its original determination in file number 070325 as its initial findings of fact in this case.  
In addition, the Board finds that the Applicant is requesting that the Providence Fire Marshal's office be granted the authority to sign off on the fire alarm system for the newly renovated, fully code-compliant, areas of Ross House, the West Wing, and Middle House, consistent with the original TCO request, prior to the resolution of all remaining issues within the middle school.  The Applicant is further requesting that the Board maintain the file open in order to allow the Applicant to return in sixty (60) days to outline its resolution of the remaining items.
	In making this request, the Board notes that the building is fully sprinklered in all areas, and that the Applicant has been working closely with the Providence Fire Marshal's office.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Providence Fire Marshal's office the authority to approve the fire alarm system for the newly renovated fully code compliant areas of Ross House, the West Wing, and Middle House west, consistent with the original TCO request.  The Providence Fire Marshal's office will have this authority prior to the resolution of all remaining non-conforming fire alarm issues in the Middle School.
	2.  The Board hereby grants the parties an additional sixty (60) days to develop a plan of action and a timetable for the resolution of all remaining non-conforming conditions.  Accordingly, this case is rescheduled to November of 2007.

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)].