As indicated in the file, a hearing involving the above-captioned properties was conducted on Tuesday, April 24, 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 Filippi, Pearson, Walker, Jackson, and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal David Goldstein of the Pawtucket Fire Marshals Office.
APPLICANT: John Cote, Elizabeth Coffey 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 Files  170147 through 170158 were opened on November 7, 2017.
4.	The matters were initially heard on January 23, 2018 at which time Decision  170147 through 170158 was issued dated February 1, 2018.  Pursuant to that Decision, the matters were reassigned to March 27, 2018 to allow the Applicant to develop a comprehensive plan of action.
5.	The Applicant returned to the Board on March 27, 2018 with their design professional and requested an extension of time for which to finalize their plan of action.  At this time, the matter was again reassigned until April 24, 2018 for further proceedings.
6.	A subsequent hearing on the Applications was conducted on April 24, 2018 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
7.	After all evidence was presented at the hearing, a motion was made by Commissioner Walker and seconded by Commissioner Pearson to grant the Applicant the relief as outlined herein.  The motion passed on a 5 to 0 vote with Commissioner Thornton leaving the hearing prior to the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170147A through 170158A 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)
3.	Decisions  130169 through 130176 issued December 24, 2013.
4.	Decisions  170147 through 170158 issued February 1, 2018.
5.	Reschedule Notice dated February 8, 2018.
6.	Reschedule Notice dated March 28, 2018.
7.	Email from Elizabeth Coffey of Jensen Hughes to the Board dated April 20, 2018 with attached Applicants Plan of Action  1KJT00136.000 dated April 19, 2018.

EXHIBITS

The following documents were presented at the April 24, 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 Decisions  170147 through 170158 issued February 1, 2018 and the Applicants April 19, 2018 Plan of Action.  The above Plan of Action was utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the April 24, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the above-listed Decision and Plan of Action 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.	This Decision does not apply to or incorporate the portion of the April 19, 2018 plan of action relating to the Agnes E. Little Elementary School located at 60 South Bend Street, Pawtucket, RI [Section A: pages 32  33] as that property is not before the Board.
3.	It is agreed to by the parties that upon full compliance with the timetables set forth in the Plan of Action and herein adopted that all outstanding violations listed in the Pawtucket Fire Marshals Office referenced inspection reports shall be deemed compliant.
4.	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 hereby adopts and incorporates by reference the Applicants April 19, 2018 plan of action for the properties listed herein and approves the timetable for compliance as set forth herein and amended as follows:
a.	Varieur: Deficiency  4  rectify within 30 days;
b.	Baldwin: No amendments;
c.	Winters: Deficiency  14  rectify within 30 days;
d.	Cunningham: Deficiency  3  remove ACT within 2 years and Deficiency  7  rectify within 2 years;
e.	Shea: Deficiency  4  rectify within 30 days;
f.	Curtis: No amendments;
g.	Tolman: Deficiency 2  rectify within 30 days;
h.	Curvin-McCabe: Deficiency  3  rectify within 30 days;
i.	Jenks: Deficiency  13  rectify within 30 days and Deficiency  17  rectify within 30 days;
j.	Goff: No amendments;
k.	Fallon: No amendments; and,
l.	Slater: No amendments.
2.	In consideration of the relief granted herein, the Board further directs the Applicant to develop and provide an itemized schedule of correction to implement this plan of action to the Pawtucket Fire Marshals Office prior to initiating any project work.  Furthermore, the Applicant is directed to provide semi-annual updates regarding the progress of the plan directly to the Pawtucket Fire Marshal's Office and the State Fire Marshal's Office, the first report being due on or before October 24, 2018.
3.	Finally, in consideration of the extended time relief granted herein, the Board directs that there shall be no time extensions granted to the relief provided and that these files shall not be reopened or amended in the future.
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)].