The above-captioned cases were scheduled for hearing on January 15, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Walker, Jackson, Jasparro, Blackburn and Richard were present.  The fire service was represented by Fire Chief Timothy McLaughlin and Assistant Deputy State Fire Marshal Richard Matarese of the Johnston Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioners Walker and Jasparro to accept the Applicants plan of action for these facilities.  The motion was unanimous.

FINDINGS OF FACT
	During the January 15, 2013 hearing on this matter, the Board was advised that the Calef Elementary School (7 Waveland Street) was being utilized as an administrative facility as opposed to a school, and that therefore the August 3, 2012 inspection report along with the appeal filed in case 100176A would be moot.  Accordingly, the Applicants plan of action is no longer applicable to this facility.
	The Board further had before it an August 3, 2012 inspection report covering the Ferri Middle School (10 Memorial Drive), an August 3, 2012 inspection report covering the Thornton Elementary School (4 School Street), an August 10, 2012 inspection report covering the Graniteville Elementary School (6 Collins Avenue), an August 21, 2012 inspection report covering the Brown Avenue School (14 Brown Avenue), an August 21, 2012 inspection report covering the Johnston Senior High School (345 Cherry Hill Road), an August 21, 2012 inspection report covering the Sarah Dyer Barnes School (24 Barnes Avenue) and an August 21, 2012 inspection report covering the Winsor Hill School (100 Theresa Avenue).  During the January 15, 2013 hearing on this matter, the Board also had before it a January 9, 2013 plan of action developed by the Applicant in conjunction with the Johnston Fire Marshals Office.  
	During the January 15, 2013 hearing on this matter, the Board was advised by the Johnston Fire Marshals Office that they had no objection to the Applicants plan of action.  The Board was further advised by the Applicant that funding has been approved and secured for this project and was therefore planned to be completed on time and within budget.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby approves and accepts the Applicants January 9, 2013 plan of action for the upgrade of the fire protection systems within these facilities as outlined therein.  The Board notes that the above captioned school buildings shall continually be protected by the existing fire alarm systems and other fire protection features in these buildings while those systems are being upgraded by the Applicant.  Finally, the Board notes that the Johnston Fire Marshals Office has no objection to the Applicants implementation of the above 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 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)].