The above-captioned cases were originally scheduled for hearing on April 5, 2005 at 1:00 P.M. and the Board approved a comprehensive plan of action for this complex by a written decision dated June 10, 2005.  The Applicant has now returned with an updated November 21, 2006 plan of action for the schools.  This plan of action was reviewed by the Board during its scheduled hearing on November 21, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Fire Chief Gerald Bessette of the Barrington Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original decision covering the above captioned facilities that was issued on June 10, 2005 as its initial findings of fact.  In addition, the Board notes that the Applicant has submitted a November 21, 2006 updated plan of action for this complex.  The fifteen (15) page plan of action was reviewed by the Board and is hereby adopted as its follow-up findings of fact with the following modifications.
	Our page 2 of the plan, section 7 relating to the fire alarm system for the Brown Science Building, the Board hereby modifies the proposed completion date for the fire alarm upgrades to be March 1, 2007.  The Board notes that this date was reviewed by the parties and determined to be acceptable during the November 21, 2006 hearing on this matter.
	With regard to Clark Hall on page 3 of the report, the Board was advised that asbestos had been found during the electrical upgrade of this facility and that is why the Applicant is requesting the cited completion dates.
	With regard to item 11 of Perry Hall listed on page 8 of the plan of action, the Board was advised that the plan is not to house students within this building, and therefore as an option, the Board shall allow the Applicant to provide domestic sprinkler head coverage with approved back flow prevention to protect these windows.  The above domestic sprinkler heads shall be installed on or before September 1, 2007.
	With regard to Hardy Hall listed on page 10 of the plan of action, the Board notes that the construction for this facility shall be completed during 2007 and that the second floor of the facility shall not be occupied until 2008 upon the completion of the construction.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby adopts the proposed timetables found within the November 21, 2006 updated plan of action and so modifies the original decision in this matter.  The Board further grants the Barrington Fire Marshals Office the ability to extend the above deadlines for good faith shown.

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)].