The above-captioned cases were scheduled for subcommittee hearing on Thursday, May 18, 2006 at 9:30 A.M.  The subcommittee recommendations were reviewed by the Board on the following Tuesday, May 23, 2006, at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu, and Commissioners Richard, Blackburn, Preiss and Burlingame were present.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the May 23, 2006 hearing on this matter, the Board had before it the inspection reports compiled by the local fire marshals whose jurisdiction covered the above-listed schools.  These reports are part of the application submitted on behalf of each school.  Accordingly, the Board hereby adopts the above inspection reports as its initial findings of fact.  The Board was further provided with a plan of action, developed by the Diocese of Providence, entitled School Fire Compliance by Date.  This plan of action generally addressed the deficiencies outlined in the above individual inspection reports.  The plan of action noted the nature of the deficiencies, the potential cost of repair, and a projected time for compliance.  Accordingly, the Board hereby adopts the plan of action, developed by the Diocese of Providence, as its remaining findings of fact in these cases.
	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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS
1.	In accordance with the plan of action, the Board hereby grants the applicant a time variance until December 31, 2006, to correct the remaining deficiencies at the following schools:
43 Poplar Drive, Cranston			Cranston-Johnston Regional
915 West Main Road, Middletown		All Saints Academy
35 Swiss Street, Providence			Holy Ghost School
110 Washington Road, Barrington		St. Luke School
148 Spring Street, Woonsocket			Our Lady of Victories School

2.	In accordance with the plan of action, the Board hereby grants the applicant a time variance until December 31, 2007, to correct the remaining deficiencies at the following schools:
618 Putnam Pike, Smithfield			St. Phillip School
1371 Park Avenue, Woonsocket		Msgr. Gadoury School
525 Branch Avenue, Providence		St. Ann School
755 Central Avenue, Pawtucket			St. Cecilia School
850 Wakefield Street, West Warwick		St. Joseph School
120 Mayfair Road, Warwick			St. Peter School
180 Sayles Avenue, Pascoag			Fr. Holland Catholic School
723 Central Avenue, Pawtucket			St. Leo School
635 Mount Pleasant Avenue, Providence	St. Augustine School
3.	In accordance with the plan of action, the Board hereby grants the applicant a time variance until December 31, 2008, to correct the remaining deficiencies at the following schools:
39 Cathedral Road, Warwick			St. Kevin School
155 Gordon Avenue, Providence		Bishop McVinney School
244 Smith Street, Providence			St. Patrick School
1789 Broad Street, Cranston			St. Paul School
610 Jefferson Blvd., Warwick			St. Francis School
15 Elmdale Avenue, Providence		St. Thomas School
127 State Street, Bristol				Mr. Carmel School
61 Hope Street, Pawtucket			Woodlawn Catholic Regional
1210 Mendon Road, Woonsocket		Good Shepherd School
927 Atwood Avenue, Johnston			St. Rocco School
17 John Street, West Warwick			Christ the Redeemer Academy
85 Chester Avenue, Cranston			St. Mary School
42 Bishop Street, East Providence		St. Margaret School
55 Elmhurst Street, Providence			St. Pius School
56 Purchase Street, East Providence		Sacred Heart School
239 Regent Avenue, Providence			Blessed Sacrament School
1301 Elmwood Avenue, Cranston		St. Matthew School
55 Turner Avenue, East Providence		St. Brendan School
4.	It is the understanding of the Board that all of the schools, granted time variances above, are equipped with existing fire alarm systems and conduct regular fire drills.  It is the further understanding of the Board that the following schools, listed below, shall appear before it in the near future with their respective plan(s) of action:
145 Power Road, Pawtucket			Bishop Keough School
123 Walcott Street, Pawtucket 			St. Raphael Academy
210 Walcott Street, Pawtucket			St. Raphael Academy



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)].