The above-captioned case was originally heard by the Board on March 28, 2006 and a decision, outlining a plan of action, was thereupon generated in file number 060166.  The Applicant has returned advising that the facility shall be transferred from the State to the City of Providence in June of 2007.  Accordingly, the Applicant has requested a modified time variance for this facility.
This case was most recently scheduled for hearing on August 29, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Preiss, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Lisa Krapf of the Providence Fire Marshal's office and Chief Deputy R. Michael DiMascolo of the State Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file number 060166 as its initial findings of fact in this case.  In addition, the Board finds that now the State is planning to turn this facility over to the City of Providence for a complete renovation in June of 2007.  The Board further finds that the Applicant is requesting to maintain occupancy until June of 2007.  The Board further finds that the majority of the listed items in the May 19, 2005 inspection report have been completed as of the day of the hearing and that two (2) additional items shall be completed by Friday, September 1, 2006.  Specifically, the Board finds that the Applicant shall have the emergency generator and the fire alarm system in complete compliance by Friday, September 1, 2006.  The Board further finds that the Applicant is requesting to continue occupancy through the close of the school year in June of 2007 at which time the facility shall be transferred to the City of Providence.  Finally, the Board finds that this facility shall not be reopened until it is in full compliance with the State Fire Code.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In light of the above, the Board hereby grants the Applicant a time variance until June 30, 2007 in which to continue to occupy this facility.  This time variance is contingent upon the Boards understanding that the facility shall thereupon be transferred to the City of Providence and shall not be reopened until it has been brought into full compliance with the State Fire Code.

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)].