The above-captioned case was originally on July 22, 2003 and a Decision was thereupon issued in file number 030264 on August 7, 2003.  The applicant most recently appeared before the Board on September 30, 2003.  At that time, Chairman Farrell and Commissioners Burlingame, Pearson, Coutu, Filippi, Newbrook, OConnell, Preiss and Wahlberg were present.  A motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a June 6, 2003 inspection report compiled by the Providence Fire Marshals Office, and the Boards Decisions in file number 030264.  The above report was utilized by the Board, the Applicant and the Fire Marshals Office during the July 22, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the June 6, 2003 inspection report, along with the Boards Decision in file number 030264, as its initial findings of fact.
	Additionally, the Board has been advised and finds that the Applicant has upgraded the sprinkler system in this facility.  The Board further finds that the above sprinkler system does provide sprinkler coverage on the glass transoms in this facility.

CONCLUSIONS AND VARIANCE REQUESTS
1 (a) & (b).	It is the understanding of the Board that Deficiencies 1 (a) and (b) have been corrected by the Applicant.
1 (c).	It is the understanding of the Board that, with the exception of the attic loft area, Deficiency 1 (c) has been corrected by the Applicant by replacing the cited sprinkler heads.  The Board hereby grants a variance in order to allow the Applicant not to replace the inaccessible sprinkler heads in the unoccupied attic/loft area of this facility.
2-6.	It is the understanding of the Board that Deficiencies 2 through 6 have been corrected by the Applicant.
7.	The Board hereby grants the Applicant a time variance of thirty days from the date of this Decision to correct Deficiency 7 by testing cited generator and providing the Providence Fire marshal with approved documentation.
8 & 9.	It is the understanding of the Board that Deficiencies 8 and 9 have been corrected by the Applicant.
10.	The Applicant has previously been granted a variance to maintain the glass transoms in this fully sprinkled school.

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)].