This case was originally heard by the Board on July 28, 1998.  At that time, then-Chairman Marciano assigned the matter to an onsite subcommittee for review.  The onsite subcommittee toured the facility on August 11, 1998.  The onsite subcommittee recommendations were presented to the Board for review on August 25, 1998.  The onsite recommendations were amended by the Board and the approved by a series of separate votes.  Relevant to this case is a motion made by Commissioner Coutu and seconded by Commissioner Burlingame to allow occupancy o this facility by kindergarten and first grade students during the 1998-1999 school year with a directive to the Applicant to return in June of 1999 with a plan of action if he wished to request an extension of the original time variance to cover the 1999-2000 school year.
	It is the understanding of the Board that the Applicant occupied this facility, with kindergarten and first grade students, during the 1998-1999 school year.  The Applicant thereupon returned to the Board on August 31, 1999 to request an extension of the original decision for the 1999-2000 school year.  During the August 31, 1999 hearing, the Providence Fire Marshal requested that the original decision only be extended for a maximum of one additional year.  Pursuant to the request of the Providence Fire Marshal, the Board granted the Applicant a one year extension to allow for the continued occupancy of this facility by kindergarten and first grade students.
	The above-captioned case was most recently scheduled for hearing on August 8, 2000 at 1:30 P.M.  At that time, Acting Chairman Richard and Commissioners Coutu, ODonnell, Filippi, Newbrook and Burlingame were present.  Chairman Farrell recused himself from this hearing.  The fire service was represented by Assistant Deputy State Fire Marshal David Costa of the Providence Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

	The Board hereby incorporates, by reference, its findings of fact in file numbers 970147, 940147A, and 940147 A-1, as its initial findings of fact in this case.  During the August 8, 2000 hearing on this matter, the Providence Fire Marshal advised the Board that, over the past two years, the Applicant has built two additional schools, which were fully sprinklered and alarmed.  However, the Fire Marshal further advised the Board that even with the new schools, the school department has been unable to keep up with the rapid expansion of enrollment.  Accordingly, the Providence Fire Marshal advised the Board that there appeared to be no alternative of relocating the kindergarten and first grade students of this facility at this time.  In light of the above, the Board finds that there are no viable alternative arrangements for relocation of the above students at this time.
	In light of the above, the Providence Fire Marshal has advised the Board that he saw no alternative but to implement the Applicants new plan of action.  The Applicants new plan of action would be to eliminate kindergarten students from this complex effective with the commencement of the 2001-2002 school year.  The Applicants new plan would further eliminate first grade students from this complex with the commencement of the 2002-2003 school year.  Accordingly, by the commencement of the 2002-2003 school year, there shall be no kindergarten or first grade students within this complex.
	The only exception to the above would be the Applicant either bringing this facility into full compliance with the code to the satisfaction of the Providence Fire Marshal or building a separate compliant facility, on the grounds of the complex, for the kindergarten and first grade students.  It is the understanding of the Board that all other fire code deficiencies have been corrected by the Applicant.
	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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
 
1.	In light of the current position of the Providence Fire Marshal, the Board has considered the Applicants request to the granted an additional time variance for the occupancy of this facility by the kindergarten and first grade students.  Accordingly, the Board hereby grants a time variance in order to allow the Applicant to implement his proposed new plan of action.  Specifically, the Board hereby directs the Applicant to eliminate Kindergarten students from this complex effective with the commencement of the 2001-2002 school year.  The Board further directs the Applicant to eliminate first grade students from this complex with the commencement of the 2002-2003 school year.  Accordingly, by the commencement of the 2002-2003 school year, there shall be no kindergarten or first grade students within this complex.
The Board notes that the only exception to the above deadlines would be the Applicant either bringing this facility into full compliance with the code to the satisfaction of the Providence Fire Marshal or building a separate compliant facility, on the grounds of the complex, for the kindergarten and first grade students.  Otherwise, the Applicant is directed to limit the above student occupancies within the above time frames.  In granting this variance, the Board notes that the Providence Fire Marshal has advised us that there appears to be no reasonable alternative to the Applicants plan of action.

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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].