As indicated in the file, a hearing involving the above-captioned property was conducted on  June 3, 2014 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5..
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairperson Filippi and Commissioners Booth, Burlingame, Jackson, Richard, Thornton, and Walker.
Department of Administration Deputy Chief Legal Counsel Peter N. Dennehy.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Frank Silva and Michael Krasnowiecki of the Providence Fire Marshals Office and Chief Deputy State Fire Marshal James Gumbley and Deputy State Fire Marshal Scott Caron of the State Fire Marshals Office.
APPLICANT: Mr. Alan Sepe and Mr. Kevin Toomey of Hughes Associates.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Mr. Alan Sepe (Director of Operations) of 25 Dorrance Street, Providence, RI on June 3, 2013.
3.	The Application was received by the Board and File  (See List) opened on June 6, 2013.
4.	The Providence schools have been before the Board on a number of occasions in the past, with Decisions issuing on 12/19/03, 4/15/04, 4/16/04, 8/31/04, 3/3/10, 7/31/13 and 9/11/13.
5.	A hearing on the Application was conducted on June 3, 2014 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 Thornton and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion passed on a 7 to 0 vote with Commissioner Burlingame abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  (See List) and are pertinent to the decision rendered:
1.	E-Mail from W. Keith Burlingame to the Board dated May 30, 2014.
2.	Plan of Action [151 pages] from Kevin C. Toomey [Hughes Associates] dated May 28, 2014.
3.	Reschedule Notice dated April 30, 2014.
4.	Plan of Action [125 pages] from Kevin C. Toomey [Hughes Associates] dated April 23, 2014.
5.	Reschedule Notice dated March 25, 2014.
6.	Letter from Kevin C. Toomey [Hughes Associates] dated February 25, 2014.
7.	Reschedule Notice dated February 18, 2014.
8.	Reschedule Notice dated January 13, 2014.
9.	Decision dated September 11, 2013.
10.	Reschedule Notice dated September 5, 2013.
11.	Decision dated July 31, 2013.
12.	Reschedule Notice dated July 26, 2013.
13.	Letter from Providence Fire Prevention Division dated July 26, 2013.
14.	Variance Application  (See List) dated June 3, 2013 and filed on June 6, 2013.
15.	Letter from Alan Sepe dated June 3, 2013 with Providence Schools 2013 Priority List attachment.
130076  	PFD Inspection Report dated March 12, 2013 with 9 violations
	Letter from PFD Inspector Scott Derry dated March 12, 2013
	Decision 020297A (December 19, 2003)
130077	PFD Inspection Report dated April 5, 2013 with 22 violations
	Letter from PFD Inspectors John Devlin and Kristopher Wright dated April 5, 2013
	Decisions  030264 (April 15, 2004), 030264B (April 16, 2004) & 030262 (August 31, 2004)
130078	PFD Inspection Report dated April 22, 2013 with 24 violations
	Letter from PFD Inspector Scott Derry dated April 22, 2013
	Decision  090264 (March 3, 2010)
130079	PFD Inspection Report dated April 2, 2013 with 25 violations
	Letter from PFD Inspector Scott Derry dated April 2, 2013
	Decisions  030262 (August 31, 2004) & 030263 (April 15, 2004)
130080	PFD Inspection Report dated April 29, 2013 with 23 violations
	Letter from PFD Inspector Peter McMichael dated April 29, 2013
	Decisions  030262 (August 31, 2004) & 030268 (April 16, 2004)
130081	PFD Inspection Report dated March 12, 2013 with 33 violations
	Letter from PFD Inspectors Scott Derry and John Hannon dated March 12, 2013
	Decision  030267 (April 16, 2004)
130082	PFD Inspection Report dated March 12, 2013 with 20 violations
	Letter from PFD Inspectors John Devlin, Kristopher Wright and Raymond Pacheco dated 
	March 12, 2013
130083	PFD Inspection Report dated March 12, 2013 with 4 violations
	Letter from PFD Inspector Peter McMichael dated March 12, 2013
130084	PFD Inspection Report dated April 5, 2013 with 17 violations
	Letter from PFD Inspector John Devlin dated April 5, 2013
130085	PFD Inspection Report dated April 9, 2013 with 19 violations
	Letter from PFD Inspectors Betrand Ledoux and Matthew Randall dated April 9, 2013
	Letter from PFD Inspector Michael Krasnowiecki dated April 29, 2013
130086	PFD Inspection Report dated April 11, 2013 with 34 violations
	Letter from PFD Inspector Edward Donahue dated April 11, 2013
130087	PFD Inspection Report dated March 12, 2013 with 8 violations
	Letter from PFD Inspector Michael Krasnowiecki dated March 12, 2013
130088	PFD Inspection Report dated April 5, 2013 with 24 violations
	Letter from PFD Inspector Edward Donahue dated April 5, 2013
130089	PFD Inspection Report dated March 12, 2013 with 4 violations
	Letter from PFD Inspectors John Devlin and Kristopher Wright dated March 12, 2013
	Letter from PFD Inspector Michael Krasnowiecki dated March 12, 2013
130090	PFD Inspection Report dated March 12, 2013 with 14 violations
	Letter from PFD Inspectors Raymond Pacheco and Peter McMichael dated March 12, 2013
130091	PFD Inspection Report dated March 11, 2013 with 7 violations
	Letter from PFD Inspector Peter McMichael dated March 12, 2013
130092	PFD Inspection Report dated March 27, 2013 with 10 violations
	Letter from PFD Inspectors Bertrand Ledoux and Matthew Randall dated March 27, 2013
130093	PFD Inspection Report dated March 21, 2013 with 5 violations
	Letter from PFD Inspector Raymond Pacheco dated March 21, 2013
	Letter from PFD Inspector Michael Krasnowiecki dated March 12, 2013
130094	PFD Inspection Report dated March 27, 2013 with 10 violations
	Letter from PFD Inspectors Bertrand Ledoux and Matthew Randall dated March 27, 2013
130095	PFD Inspection Report dated March 28, 2013 with 10 violations
	Letter from PFD Inspector Peter McMichael dated March 28, 2013
130096	PFD Inspection Report dated March 21, 2013 with 15 violations
	Letter from PFD Inspector John Hannon dated March 21, 2013
130097	PFD Inspection Report dated March 12, 2013 with 10 violations
	Letter from PFD Inspector Scott Derry dated March 12, 2013
	Letter from PFD Inspector Michael Krasnowiecki dated March 12, 2013
130098	PFD Inspection Report dated April 5, 2013 with 30 violations
	Letter from PFD Inspectors John Devlin and Kristopher Wright dated April 5, 2013
130099	PFD Inspection Report dated April 22, 2013 with 29 violations
	Letter from PFD Inspector Scott Derry dated April 22, 2013
130100	PFD Inspection Report dated March 12, 2013 with 15 violations
	Letter from PFD Inspectors Raymond Pacheco and John Hannon dated March 12, 2013
130101	PFD Inspection Report dated March 8, 2013 with 21 violations
	Letter from PFD Inspector John Hannon dated March 8, 2013
130102	PFD Inspection Report dated March 12, 2013 with 20 violations
	Letter from PFD Inspectors John Devlin and Kristopher Wright dated March 12, 2013
130103	PFD Inspection Report dated March 12, 2013 with 30 violations
	Letter from PFD Inspector Raymond Pacheco dated March 12, 2013
130104	PFD Inspection Report dated March 12, 2013 with 13 violations
	Letter from PFD Inspectors John Devlin and Kristopher Wright dated March 12, 2013
130105	PFD Inspection Report dated March 12, 2013 with 10 violations
	Letter from PFD Inspectors John Devlin and Kristopher Wright dated March 12, 2013
130106	PFD Inspection Report dated March 12, 2013 with 22 violations
	Letter from PFD Inspectors John Hannon and Raymond Pacheco dated March 12, 2013
130107	PFD Inspection Report dated March 28, 2013 with 27 violations
	Letter from PFD Inspectors Michael Krasnowiecki and Raymond Pacheco dated March 28,
	2013
130108	PFD Inspection Report dated March 12, 2013 with 8 violations
	Letter from PFD Inspector John Devlin and Kristopher Wright dated March 12, 2013
130109	PFD Inspection Report dated March 12, 2013 with 16 violations
	Letter from PFD Inspectors Bertrand Ledoux and Matthew Randall dated March 12, 2013
130110	PFD Inspection Report dated March 14, 2013 with 32 violations
	Letter from PFD Inspector Edward Donahue dated March 14, 2013
130111	PFD Inspection Report dated March 15, 2013 with 23 violations
	Letter from PFD Inspector Scott Derry dated March 15, 2013
130112	PFD Inspection Report dated March 26, 2013 with 21 violations
	Letter from PFD Inspectors Michael Krasnowiecki and John Hannon dated March 26, 2013

EXHIBITS

The following documents were presented at the June 3, 2014 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 May 28, 2014 plan of action compiled by Hughes Associates referenced as Phase I and applicable to the sixteen (16) schools identified as Priority 1 and Priority 2 schools.  The above plan of action was utilized by the Board, the Applicant and the Providence and State Fire Marshals Offices during the June 3, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the May 28, 2014 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.	The Applicant is scheduled to appear before the Board to present an additional plan of action for Phase II and applicable to the remaining twenty-one (21) schools identified as Priority 3 and Priority 4 schools.
3.	Numerous fire and life safety improvements have been made to the Providence Public Schools over the past ten (10) years  this is summarized in the above plan of action in Attachment A (25 pages).
4.	Due to continuous occupancy of the schools during the school term, both during and after school hours, and the fact that most, if not all of the buildings are subject to asbestos abatement regulations the bulk of the major construction, i.e. sprinkler and fire alarm system installations can only be accomplished during the summer recess periods  approximately six (6) weeks per calendar year.
5.	The cost of this improvement project is expected to be approximately 30 million dollars and will require from thirty (30) to forty-two (42) weeks of actual construction time.
6.	The Applicant has testified that once a construction schedule has been established and approved by the Providence and State Fire Marshals Offices that the necessary resources will be allocated to each phase of the project in order to meet completion deadlines.
7.	There is no objection by the Providence of State Fire Marshals Offices to the granting of relief outlined herein.

DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board grants the Applicant the time variances set forth in Table 2 and Table 3 of the above-referenced plan of actions from the date of this hearing to comply with the provisions of the RIFSC as it relates to all Priority 1 and Priority 2 schools.
2.	The Board grants the Applicant the variances from RILSC section 15.2.4.1 as set forth in Table 4 of the above-referenced plan of action based upon structural hardships.
3.	In consideration of the relief granted herein, the Board directs that the Applicant provide an annual updated status report to the Board and to the Providence and State Fire Marshals Offices until the completion of all work.  Said reports are to be submitted on or before the 1st of June each year with the first report due on June 1, 2015.

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 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).
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: 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).
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 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).
4.	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)].