The above-captioned cases were scheduled for hearing on February 14, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Pearson, Blackburn, Burlingame, Filippi and OConnell were present.  Commissioner Preiss specifically recused himself from consideration of the above captioned cases.  The fire service was represented by Assistant Deputy State Fire Marshal David Pastore of the West Warwick Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein and to accept the February 8, 2006 plan of action for these facilities.  The motion was unanimous.

FINDINGS OF FACT
	During the February 14, 2006 hearing on these matters, the Board had before it a February 8, 2006 letter from the Applicant to the Chairman outlining a comprehensive plan of action for the resolution of the fire code violations at the above captioned facilities.  Attached to the letter was the West Warwick Public Schools Fire Code Violation Report.  The above report was a compilation of all of the deficiencies within the buildings, the approximate cost for correction and a specific plan of action including time tables.  The West Warwick Fire Marshal's office had reviewed the report and recommended approval of the report to the full Board.  It is the understanding of the Board that the Applicant shall spend approximately 5 million on this plan and that budget shall commence on fiscal year 2007 and continue through fiscal year 2010.  The Board notes that the majority of the items addressed in the plan will be corrected by the Applicant.  The Board further notes that the West Warwick Fire Marshal's office is in support of the Applicants request for structural and time variances as outlined in the plan.  Finally, the Board notes that the Applicant has agreed to install several sprinkler systems even when these would not otherwise normally be required.
 
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby accepts and adopts the Applicants plan of action as outlined in the February 8, 2006 correspondence with the attached West Warwick Public Schools Fire Code Violation Report.  In granting this variance, the Board notes that the West Warwick Fire Marshal and the Applicant have worked closely together in developing this plan of action and that the implementation of this plan of action shall substantially upgrade the public schools in the Town of West Warwick.  Finally, the Board hereby leaves these files open in the event the Applicant or the West Warwick Fire Marshal's office has additional questions or are requesting additional relief due to circumstances either unforeseen or beyond their control.

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)].