The above-captioned cases were scheduled for hearing and review on June 29, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Burlingame, Coutu and Filippi were present to consider the Applicants five-year plan of action.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Howe of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Coutu to accept the Applicants five-year plan of action and grant the Applicant additional relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

	During the June 29, 2004 hearing on this matter, the Board was advised and finds that the applicant and the Pawtucket Fire Marshals Office have developed a Fire Safety Upgrade  Five Year Plan for the fire safety of the above-captioned schools.  The above five-year plan of action, outlined in a June 8, 2004 memorandum, is attached to this Decision and incorporated by reference as the Boards preliminary findings of fact.  Finally, the Board finds that these schools are protected by older municipally-connected fire alarm systems and that several have existing sprinkler coverage.
	The Board further finds that the Applicant has requested relief from possible full sprinkler coverage in several of these buildings.  The Board finds that the Applicant has also requested relief from the existing egress system construction and rating requirements under the code.
	As a condition of the requested relief, the applicant has agreed to work with the Pawtucket Fire Marshal and upgrade the subject schools with full and complete municipally connected fire alarm systems, emergency lights and exit signs at the direction and to the satisfaction of his office.  The Applicant has further agreed to provide all combustible egress system surfaces with an approved Class A finish at the direction and to the satisfaction of the Pawtucket Fire Marshal.
	The Applicant has further agreed to seal off all transoms in place and provide approved, properly engineered sprinkler coverage in the egress corridors, the stairs, on both sides of each door leading into the egress system.  The Applicant has further agreed to provide full sprinkler coverage in all working kitchens.  For purposes of this discussion, a working kitchen actually prepares food as opposed to simply warming and serving food that was prepared offsite.
	The Applicant has further agreed to provide rated door enclosures on all of the egress stairs at the direction and to the satisfaction of the Pawtucket Fire Marshal.  Finally, the Applicant and the Pawtucket Fire Marshal have requested to leave all of the files open during the above period in the event there are questions and/or requests for structural relief deemed necessary by the Pawtucket Fire Marshal.
	It is the understanding and findings of the Board that the Applicant shall correct all remaining deficiencies at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.  Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby approves and adopts the above Fire Safety Upgrade  Five Year Plan for the fire safety of the above-captioned schools, as outlined in the attached June 8, 2004 memorandum.
The Board further grants a variance to allow the Applicant relief from possible full sprinkler coverage in several of these buildings.  The Board further grants a variance in order to allow the Applicant relief from the existing egress system construction and rating requirements under the code.  As a condition of the above variances, the Board directs the Applicant to upgrade the subject schools with full and complete municipally connected fire alarm systems, emergency lights and exit signs at the direction of, to the satisfaction of, and within a time table established by, the Pawtucket Fire Marshals Office.
	As a further condition of the above relief, the Board directs the Applicant to provide all combustible egress system surfaces, in these schools, with an approved Class A finish, at the direction and to the satisfaction of, and within a time table established by, the Pawtucket Fire Marshals Office.
	The Board further directs the Applicant to seal off all transoms in place and provide approved, properly engineered sprinkler coverage in the egress corridors, the stairs, on both sides of each door leading into the egress system.  The Board further directs the Applicant to provide full sprinkler coverage in all working kitchens.  For purposes of this discussion, a working kitchen actually prepares food as opposed to simply warming and serving food that was prepared offsite.
	The Board further directs the Applicant to provide rated door enclosures on all of the egress stairs at the direction and to the satisfaction of the Pawtucket Fire Marshal.  Finally, the Board shall leave all of the files open during the above period in the event there are questions and/or requests for structural relief deemed necessary by the Pawtucket Fire Marshal.
	In granting the above relief, it is the understanding and direction of the Board that the Applicant shall correct all remaining deficiencies at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
	
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)].