As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, January 23, 2018 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Pearson, Walker, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal John Dolan of the Pawtucket Fire Marshals Office.
APPLICANT: John Cote and Kevin Toomey.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under RIGL chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by John F. Cote (authorized representative) of Pawtucket School Department, 286 Main Street, Pawtucket RI dated November 2, 2017.
3.	The Application was received by the Board and File s 170147-170158 were opened on November 7, 2017.
4.	A number of these properties were previously before the Board on November 19, 2013, with a Decision issued on December 24, 2013, as follows:
a.	486 Pleasant Street		(Varieur Elementary School)		130176
b.	40 Baldwin Street		(Cunningham School) 			130174
c.	485 East Avenue		(Shea High School) 			130169
d.	582 Benefit Street		(Flora Curtis School) 			130175
e.	160 Exchange Street		(Tolman High School) 			130177
f.	350 Division Street		(Jenks Jr. High/Walsh School) 		130171
g.	974 Newport Avenue		(Goff Junior High School) 			130170
h.	62 Lincoln Avenue		(Fallon Elementary School) 			130172
i.	281 Mineral Spring Avenue	(Slater Junior High School) 			130173
5.	A hearing on the Applications was conducted on January 23, 2018 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Walker to grant the Applicant the relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170147-170158 and are pertinent to the decision rendered:

1.	Variance Application  170147-170158 dated November 7, 2017 and filed on November 7, 2017.
2.	Pawtucket Fire Marshals Office Inspection Reports dated:
a.	September 5, 2017 (Varieur/Shea)
b.	September 6, 2017 (Tolman/Curvin-McCabe)
c.	September 22, 2017 (Henry Winters)
d.	September 25, 2017 (Fallon)
e.	October 10, 2017 (Elizabeth Baldwin/Cunningham/Flora Curtis/Jenks/Goff/Slater)
f.	Decisions  130169  130176 issued December 24, 2013.

EXHIBITS

The following documents were presented at the January 23, 2018 hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The Decision below corresponds with the inspection reports compiled by the Pawtucket Fire Marshals Office as listed above.  The above reports were utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the January 23, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the above-listed inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
2.	Building Descriptions:
a.	The Varieur School is an existing 1-story educational occupancy consisting of approximately forty-nine thousand two hundred ninety-nine (49,299) square feet (living area) and originally built in 1972.   The building is of Type III (200) construction, has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
b.	The Elizabeth Baldwin School is an existing 1-story educational occupancy consisting of approximately sixty-four thousand eight hundred forty (64,840) square feet (gross area) and originally built in 1960.   The building is of Type III (200) construction, has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
c.	The Henry Winters School is an existing 1-story educational occupancy consisting of approximately forty-nine thousand two hundred ninety-nine (20,000) square feet (living area) and originally built in 1950.   The building is of Type III (200) construction, has a compliant fire alarm system and is provided with an approved (partial) automatic sprinkler system.
d.	The Cunningham School is an existing 2-story educational occupancy consisting of approximately thirty-seven thousand eight hundred fifteen (37,815) square feet (living area) and originally built in 1950.  The building is of Type III (200) construction, has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
e.	The Shea High School is an existing 3-story educational occupancy consisting of approximately one hundred nine thousand seven hundred (109,700) square feet (living area) and originally built in 1920.   The building is of Type III (200) construction, does not have a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
f.	The Flora Curtis School is an existing 1-story educational occupancy consisting of approximately forty-eight thousand forty-five (48,045) square feet (living area) and originally built in 1950.   The building is of Type III (200) construction, has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
g.	The Tolman High School is an existing 3-story educational occupancy consisting of approximately one hundred sixty-two thousand two hundred ninety (162,290) square feet (living area) and originally built in 1900.   The building is of Type II (000) construction, has a compliant fire alarm system and is provided with an approved automatic sprinkler system.
h.	The Curvin-McCabe School is an existing 1-story educational occupancy consisting of approximately forty-four thousand eight hundred twenty-three (44,823) square feet (living area) and originally built in 1977.   The building is of Type III (200) construction, has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
i.	The Jenks Junior High School is an existing 1-story educational occupancy consisting of approximately one hundred thirty-four thousand one hundred thirteen (134,113) square feet (living area) and originally built in 1960.   The building is of Type III (200) construction, has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
j.	The Goff Junior High School is an existing 3-story educational occupancy consisting of approximately eighty-five thousand six hundred twenty-six (85,626) square feet (living area) and originally built in 1920.   The building is of Type II (000) construction, has a compliant fire alarm system and is provided with an approved automatic sprinkler system.
k.	The Fallon School is an existing 3-story educational occupancy consisting of approximately fifty-four thousand one hundred seventy-one (54,171) square feet (living area) and originally built in 1948.   The building is of Type II (000) construction, has a compliant fire alarm system and is not provided with an approved (partial) automatic sprinkler system.
l.	The Slater Junior High School is an existing 3-story educational occupancy consisting of approximately seventy-four thousand seven hundred sixty-eight (74,768) square feet (living area) and originally built in 1914.   The building is of Type II (000) construction, has a compliant fire alarm system and is provided with an approved (partial) automatic sprinkler system.
3.	There is no objection by the Pawtucket Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board grants the Applicant a time variance of sixty (60) days to return to the Board on March 27, 2018 with a comprehensive plan of action prepared by a design professional to address all deficiencies in all properties listed herein.  In consideration of the relief granted herein, the Board further directs the Applicant to ensure that the tunnel located in the Slater Junior High School connecting to the Cunningham Elementary School shall be closed off to all occupancy and use other than the required maintenance of utilities and provided with approved separation within three (3) weeks of the date of the decision, at the direction and to the satisfaction of the Pawtucket Fire Marshal's Office.

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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).
STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in RIGL section 42-35-12 and 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: Fire Safety Code [FSC] section 6-2-22).
2.	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: FSC section 6-2-23.)  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 FSC or a revision of the above-cited classification.  (See: FSC section 6-2-24).
3.	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 RIGL section 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:  FSC section 6-2-25).
4.	In accordance with RIGL section 23-28.3-5(e), any person who violates a final order of the Board may be subject to prosecution in the District Court with possible imprisonment for a term not exceeding one (1) year, or fined not more than one thousand dollars (1000) for each offense.
5.	In accordance with RIGL section42-35-12, 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.  (See: FSC section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].