The above-captioned cases were scheduled for hearing on May 24, 2005 at 1:00 P.M.  At that time, Vice Chairman Coutu and Commissioners Preiss, Evans, Burlingame and Filippi were present.  Commissioner Evans advised the Board that the school system is a separate entity from the Newport Building Official’s office, and therefore she would not recuse herself from consideration of these cases.  This was also important in that the Board would not be able to hear these cases in the absence of a quorum.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Leber of the Newport Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The inspection reports, covering all of the above captioned facilities with the exception of the Rogers High School, were compiled by the Newport Fire Marshal’s office on September 4, 2003.  An inspection report, covering the Rogers High School was subsequently compiled by the Newport Fire Marshal’s office on October 23, 2003.  The Board hereby incorporates the above inspection reports as its initial findings of fact.  In response to these inspection reports, the Applicant has provided the Board with an April 28, 2005 plan of action to upgrade the fire safety systems of the above captioned school buildings.  The Newport Fire Marshal’s office reviewed the above plan of action and so advised the Board of its position by letter dated May 5, 2005.  The Board hereby incorporates the April 28, 2005 school system plan of action and the May 5, 2005 response of the Fire Marshal as its follow-up findings of fact in this case.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby adopts the attached April 28, 2005 plan of action developed by the Newport School Department and subsequently approved by the Newport Fire Marshal’s office.  Accordingly, all of the time frames outlined in the April 28, 2005 plan of action for these schools are hereby considered time variances granted by the Board.  In adopting this plan of action, the Board notes that the Newport Fire Marshal’s office has no objection.  Finally, the Board hereby grants the Applicant a time variance in order to correct all of the remaining items in the above cited inspection reports, not addressed in the April 28, 2005 plan of action, prior to the commencement of the 2005-2006 school year in September of 2005.

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 Applicant’s 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 Board’s 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 Board’s 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)].