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 of 2005 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.  A Decision, approving the above plan, was thereupon issued by the Board on November 9, 2005.
	The Applicant and the Cranston Fire Marshal subsequently advised the Board that, while most of the deficiencies have been corrected, the Applicant was unable to install the sprinkler system in Cranston High School East, and the required door closures in the remaining schools, by the original deadline of the commencement of the 2006-2007 school year.  Accordingly, the Applicant has requested a time extension to address the above items prior to the commencement of the 2007-2008 school year in September of 2007.  The Cranston Fire Marshals Office had no objection to this requested time extension.
	Accordingly, this matter was most recently heard on September 19, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame, and Commissioners Richard, Blackburn, Newbrook, Preiss, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Glen Bathgate of the Cranston Fire Marshals Office.  A motion to grant the requested relief was made by Commissioner OConnell and seconded by Vice Chairman Burlingame.  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 of 2005.  Further, the Board finds that the Applicant and the Cranston Fire Marshals Office returned with a plan of action to address the remaining deficiencies.  The Board further finds that the vast majority of deficiencies in the above-captioned schools have been corrected by the Applicant.  The Board further finds that the Applicant and the Cranston Fire Marshals Office have been working together in good faith.  Finally, the Board finds that both parties are in agreement that additional time is necessary in order to install the sprinkler system in the Cranston High School East complex, and to retrofit the doors in the remaining schools with approved door closures, in a manner that does not disrupt the day-to-day academic activities of the students.
	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 an extended time variance in order to allow the Applicant to correct all the remaining deficiencies covering door closure, listed in the Cranston Fire Marshals inspection reports covering the above-captioned schools, on or before the commencement of the 2007-2008 school year in September 2007.
2.	The Board hereby reaffirms the Variance authorizing 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 an extended time variance, until the commencement of the 2007-2008 school year in September of 2007, in order to allow the Applicant to fully sprinkler Cranston High School East (050124 and 050126).  It is the understanding of the Board that the Applicant has previously corrected this deficiency in the Dutemple School (040207).
4.	It is the understanding of the Board that the Applicant has corrected item 4 by fully sprinkling the Chester Barrows School (040205) and the Rhodes School (040206).
5.	The Board hereby reaffirms the 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 reaffirms the time variance, until the commencement of the 2008-2009 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 reaffirms the 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 reaffirms the 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 reaffirms the 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 reaffirms the 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)].