The above-captioned cases were originally scheduled for hearing on April 26, 2005.  At that time, the parties were directed to develop a comprehensive plan of action covering all of the above schools and to further immediately address any deficiencies determined by the Cranston Fire Marshals Office to be a hazardous condition.  The parties worked over the summer and addressed numerous deficiencies.  The parties returned to the Board on September 13, 2005 with a plan of action containing proposed comprehensive timetables for addressing the outstanding transom, door closure, sprinkler and rescue window issues in the remaining facilities.  The parties further requested that the Cranston Fire Marshals Office be authorized to approve dimensional relief throughout the egress systems of these facilities when such relief would be justified on the basis of structural hardship.  Chairman Farrell, Vice Chairman Coutu and Commissioners Richards, Blackburn, Newbrook, Preiss, Burlingame, Filippi and OConnell were present during the September 13, 2005 follow-up hearing on this matter.  The fire service was represented by Assistant Deputy State Fire Marshal Glen Bathgate of the Cranston Fire Marshals Office.  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
	The Board hereby adopts, as its initial findings of fact, the uncontested findings of the Cranston Fire Marshals Office as outlined in the 2004 and 2005 inspection reports covering the above-captioned facilities.  The Board further finds that the Applicant has corrected a majority of the outlined deficiencies over the summer.  Finally, the Board finds that the Applicant and the Cranston Fire Marshals Office have returned with a plan of action to address the remaining deficiencies.
	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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the state fire code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a time variance in order to allow the Applicant to correct all the remaining deficiencies covering transoms and door closures, listed in the Cranston Fire Marshals inspection reports covering the above-captioned schools, on or before the commenceme3nt of the 2006-2007 school year in September of 2006.
2.	The Board hereby grants a variance in order to authorize the Cranston Fire Marshals Office to approve dimensional relief throughout the egress systems of the above-captioned facilities when, in his opinion, such relief would be justified on the basis of structural hardship.
3.	The Board hereby grants a time variance, until the commencement of the 2006-2007 school year in September of 2006, in order to allow the Applicant to fully sprinkler Cranston High School East (050124 and 050126) and the Dutemple School (040207) on or before that date.
4.	The Board hereby grants a time variance, until the Commencement of the 2007-2008 school year in September of 2007, in order to allow the Applicant to fully sprinkler the Chester Barrows School (040205) and the Rhodes School (040206) on or before that date.
5.	The Board hereby grants a time variance, until the commencement of the 2007-2008 school year in September of 2007, in order to allow the Applicant to provide approved windows for rescue in the Edgewood Highland School (050129) on or before that date.
6.	The Board hereby grants a time variance, until the commencement of the 2008-2000 school year in September of 2008, in order to allow the Applicant to fully sprinkler the Daniel D. Waterman School (040208) and the Gladstone School (050127) on or before that date.
7.	The Board hereby grants a time variance, until the commencement of the 2008-2009 school year in September of 2008, in order to allow the Applicant to provide approved windows for rescue in the Arlington School (050121) on or before that date.
8.	The Board hereby grants a time variance, until the commencement of the 2009-2010 school year in September of 2009, in order to allow the Applicant to fully sprinkler Cranston West High School (050122) and the Western Hills School (050125) on or before that date.
9.	The Board hereby grants a time variance, until the commencement of the 2010-2011 school year in September of 2010, in order to allow the Applicant to fully sprinkler the Bain Middle School (050128) on or before that date.
10.	The Board hereby grants a time variance, until the commencement of the 2010-2011 school year in September of 2010, in order to allow the Applicant to provide approved windows for rescue in the Oakland School (050130) on or before that date.

STATUS OF DECISION AND APPEAL RIGHTS
	
	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)].