The above-captioned cases were scheduled for hearing on June 3, 2008 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Dias, Walker, Richard, Jasparro, Filippi, Pearson and Blackburn were present.  Commissioner Preiss recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Lisa Krapf, Christopher Dillon and Richard Vespia of the Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file numbers 050839 and 060173 as its initial findings of fact in this case.  In addition, the Board finds that the City of Providence requested a proposal to study the existing fire alarm systems in August of 2007.  The Board further finds that the City of Providence engaged Studio JAED (Master Architect for the City) to study the existing fire alarm systems in both schools to identify upgrades required to the existing systems, in September of 2007.  The Board further finds that the study was presented to the Providence Fire Department in November of 2007.  
The Board further finds that the City of Providence requested a proposal to design upgrades to the fire alarm systems based on the study, in December of 2007.  The Board further finds that the City of Providence engaged Studio JAED in January of 2008 to complete a set of design documents for both schools based on the study.  The Board further finds that the design documents were completed in March of 2008 by Studio JAED.  The Board further finds that work on the fire alarm system was put out to bid in April of 2008.  The Board further finds that bids for the fire alarm upgrades were received in May of 2008.  
The Board further finds that a funding meeting for these upgrades was to be scheduled on June 10, 2008 and that the representatives of the Applicant will know whether there is additional funding within thirty (30) days.
	

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of thirty days from the date of the hearing in order to secure funding for this project.  The Board further grants the Applicant a time variance in order to complete the project of upgrading the fire alarm system in both facilities by the commencement of the 2008-2009 school year in September of 2008.  

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)].